The U.S. as well as many other countries that people seek to immigrate to for any number of reasons, has some requirements in place to help ensure that the people who move there can afford to live there and won’t become a drain on its public resources or, as the U.S. puts it, a “public charge.”
The definition of that term has changed over the years since it was used in the Immigration Act of 1882. Specifically, different administrations have defined what government aid programs are considered when determining that an aspiring legal immigrant to the U.S. would likely become a public charge.
Under the last administration, for example, only programs that provided cash benefits were considered. Other types of programs, like Medicaid, were not.
What is the new rule?
A new rule introduced by the Department of Homeland Security (DHS) lets immigration officers consider whether a person who is applying for a new visa (including a green card) or an adjustment of status is receiving “any means tested public benefits.” In a social media post, DHS said that it is “restoring the basic principle that immigrants must be able to support themselves.”
Under the new rule, immigration officers can also consider the use of these benefits by family members of the applicants, including children, even if they are U.S. citizens. Over a half million people every year may be required to undergo a public charge review. According to the U.S. Customs and Immigration Services (USCIS), “officers are empowered to assess all pertinent facts on a case-by-case basis for each applicant.”
Pushback against the new rule in the courts
A number of states (including California) and cities quickly filed lawsuits to try to stop implementation of the rule. By denying immigrants who benefit from so many public programs the right to remain in the U.S., the federal funding these governments receive for these programs could be significantly cut. Immigrant and children’s advocates have also expressed concerns that families may go without these needed benefits out of fear of being deported.
However, immigration officials can make their decisions regarding those applying for a new visa or adjustment of status based on even the possibility that they may apply for public aid of any kind.
With so much changing in the U.S. immigration system, it’s important for people to understand and protect their rights and those of their loved ones. Having experienced legal guidance can make a difference to the outcome of an immigrant’s circumstances.