Under New Proposal, USCIS May Deny Green Cards to Immigrants Using Public Benefits
U.S. Citizenship and Immigration Services may begin denying Green Card applications from people who’ve received any form of social welfare benefits in the past.
On November 19, the Department of Homeland Security proposed that immigration officers should have greater power to deny permanent residency to noncitizens who use public benefit programs. If implemented, USCIS could deem immigrants benefiting from food, healthcare, and housing assistance as inadmissible.
Ana Gabriela Urizar, immigration attorney at Manifest, says the proposal gives officers more power to deny immigration benefits to immigrants from lower-income communities.
“If USCIS applies this rule retroactively, it could have serious consequences for thousands of immigrants who relied on public benefits legally and in good faith,” Urizar says. “Clear guidance and fair implementation will be critical to prevent denials.”
Public charge rule may return if proposal passes
The Immigration and Nationality Act already allows immigration officers to deny benefits to noncitizens whom they believe may rely on government aid in the future. USCIS first expanded that policy under the first Trump administration, making a person who received social welfare benefits — defined by law as a “public charge” — inadmissible.
These public benefits include nutrition assistance under SNAP, healthcare through Medicaid, and housing assistance.
In 2022, the Biden administration reduced that policy, telling immigration officers not to consider past reliance and narrowing the definition of government aid. But under the new proposed rule, USCIS would allow immigration officers to use “good judgment and discretion” to deny immigration benefits to people they deem a public charge.
Proposed rule may not take effect until December 19 at the earliest
Right now, people have until December 19 to submit written comments on DHS’s proposed rule. After the federal agency reviews the comments, it then has the option to amend, rescind, or implement the proposal as a final rule.
Until then, those applying for Green Cards or other immigration benefits should not expect to see changes. In the meantime, Urizar recommends that people stay informed, review their public benefit history with an attorney, and avoid making assumptions about how the rule might affect their case until the final guidance is published.
Applying for a Green Card soon? Our team of immigration lawyers can guide you through the application process and what to expect if you’ve received government aid in the past. Book a consultation today to learn more.
