The Department of Homeland Security (DHS) has issued a final rule overturning a 2022 regulation from former President Joe Biden’s administration to allow immigration officers to consider an applicant’s use of welfare programs to determine if they qualify for permanent legal citizenship.
In a U.S. Citizenship and Immigration Services (USCIS) news release on Thursday, the DHS held that the decision will better align immigration law with “Congressional intent that aliens in the United States be self-reliant and not dependent on taxpayer-funded government benefits.”
Furthermore, under the 1952 Immigration and Nationality Act (INA), a person applying for a visa, admission, or adjustment of status is ineligible “because of the likelihood of becoming a public charge.”
“With this final rule, USCIS officers are empowered to assess all pertinent facts on a case-by-case basis for each applicant,” the DHS stated.
“The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans,” said USCIS spokesperson Zach Kahler.
The rule will be effective on September 18th. A revised version of Form I-485, used to apply for permanent residence or adjust one’s status, will be released. The new version of the form will be required after the effective date.
The new policy could impact hundreds of thousands of migrants seeking green cards every year from inside the U.S., as well as deter migrant households from applying for taxpayer-funded social programs, such as Medicaid and the Supplemental Nutrition Assistance Program (SNAP).
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