Thu Nov 06 07:20:00 UTC 2025: News Article:

USCIS Proposes Stricter Public Charge Rule, Raising Concerns for Green Card Applicants

Washington D.C. – U.S. Citizenship and Immigration Services (USCIS) has submitted a proposed regulatory package that could significantly tighten the “public charge” ground of inadmissibility for green card applicants, potentially subjecting them to increased scrutiny regarding their use of public benefits.

The proposal, submitted to the Office of Information and Regulatory Affairs (OIRA) on November 3rd, has sparked concerns among immigration advocates who fear it could reverse the more lenient policies established in 2022. The actual text of the proposed rule is not public.

The “public charge” rule, part of the Immigration and Nationality Act, allows U.S. authorities to deny admission or adjustment of status to non-citizens deemed likely to become primarily dependent on government support.

A previous expansion of the rule during the Trump administration in 2019 broadened the definition of “public charge” to include many non-cash benefits like SNAP, Medicaid, and public housing, resulting in increased paperwork and legal challenges. The current Biden administration rolled back those changes in 2022, limiting the public charge consideration to cash benefits for income maintenance and long-term care.

If the current proposal advances, it would mark a significant policy shift. It’s unclear at this point what specific benefits could be considered under the new rule and whether factors like age, health, education, and income will again be weighed as indicators of future dependency.

Sam Peak, Labor and Mobility Policy Manager at the Economic Innovation Group, noted the significant increase in paperwork associated with the Trump-era public charge rule. He suggested the administration should consider exemptions for high-income earners and those with substantial assets.

Before the rule can be implemented, it must undergo a formal notice-and-comment rulemaking process, allowing the public to weigh in on the proposed changes. USCIS has not released a statement describing the contents of the proposed rule. The OIRA review is the first step before publication in the Federal Register, a move that will initiate the public comment period.

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