In its latest attempt to curb legal immigration, the Trump administration has renewed efforts that will likely make it difficult for many immigrants to obtain green cards if they use or are deemed to need government benefits such as food stamps, Medicaid or housing vouchers.
Moreover, it could also have a “chilling effect” on hundreds of thousands of immigrant families, prompting them to opt out of or not apply for safety-net programs for which they—and especially their U.S. citizen children—are eligible for fear of reducing their chances of approval.
The final rule released Monday allows immigration officials to consider a broader range of public assistance programs when determining whether green card applicants will become a “public charge,” which is one of the evaluation factors. It repeals a 2022 Biden-era rule that excluded non-cash benefits from consideration.
“Under President Trump, DHS is restoring the core principle that immigrants should be able to support themselves,” the Department of Homeland Security told X on Thursday. “We reaffirm the need for self-reliance, protecting public resources and ending policies that have encouraged dependence on hardworking American taxpayers.”
About 588,000 applicants are subject to government review each year, according to DHS. Historically, immigration officials would only consider monetary assistance, such as Temporary Assistance for Needy Families or Supplemental Security Income, when reviewing applications.
The new rule is stricter than a similar one that President Donald Trump’s first administration put in place in early 2020. The following year, the Biden administration rescinded the previous rule — which immigration advocates likened to a “wealth test” — because it largely affected low-income applicants.
The rule targets people who already have legal status in the United States. Undocumented immigrants are not eligible for government benefits.
The renewed effort does not specify which safety net programs should be considered, only saying that DHS “will consider any means-tested public benefits,” according to the rule.
This could potentially include a broader range of income-based assistance such as child care subsidies, Head Start and the Children’s Health Insurance Program (CHIP), as well as certain tax benefits such as the Child Tax Credit, said Maddie Geshoe, director of policy and advocacy for the Coalition to Advocate Immigrant Families.
Additionally, the new rule allows immigration officials to review government benefits filed on behalf of family members, including children, who are citizens, Geshu told CNN.
The DHS rule acknowledges that individuals may choose not to enroll citizen children in these programs to “avoid negative consequences.” When assessing immigrants’ financial circumstances, officers may consider whether applicants’ family members are receiving government benefits due to the applicants’ low income.
Immigration advocates quickly condemned the new rule, which appeared in the Federal Register on Thursday and takes effect Sept. 18. They criticized DHS for ignoring many comments that described the harm the rule would cause to immigrant families.
The agency estimates that about 950,000 people could decide to withdraw or not participate in the six government benefit programs it reviewed, including Medicaid, food stamps, CHIP and federal rental assistance.
All federal nutrition programs are critical to supporting families who are struggling to put food on the table, Crystal FitzSimons, president of the Center for Food Research and Action, told CNN.
“We need to make sure that families who are eligible for federal nutrition programs are not afraid to participate,” she said. “We are afraid that we will see an increase in hunger and children will not have the food they need to thrive.”