The Department of Homeland Security (DHS) published a new "public charge" rule on Monday, establishing that the use of public benefits such as Medicaid, the Children's Health Insurance Program (CHIP), and the Supplemental Nutrition Assistance Program (SNAP) can be considered when evaluating green card applications. The policy grants immigration officers broader discretion to review an applicant’s financial self-reliance on a case-by-case basis.
According to the rule, the policy aims to ensure that immigrants in the United States remain self-reliant and that government benefits do not serve as an incentive for immigration. DHS estimates the change could result in an annual reduction of over $13 billion in federal and state transfer payments. The agency also noted that the rule might lead to reduced revenue for healthcare providers and pharmaceutical companies.
Public health organizations and immigrant advocacy groups stated that the rule could discourage eligible families from seeking medical care or nutritional assistance due to concerns over their legal status. Andrew Racine, president of the American Academy of Pediatrics, said the policy could result in children missing vital health services. Research from the Urban Institute indicated that similar concerns led roughly 25% of mixed-status families to avoid benefits in 2022, even when eligible.
The new policy restores and expands upon a version of the rule implemented during President Trump’s first term, which was later narrowed by the Biden administration to focus primarily on cash assistance. These regulations do not apply to specific groups, such as refugees and asylum-seekers. The rule is scheduled to take effect for all green card applications filed on or after September 18.