Biden administration undoes public charge rule, makes it easier for migrants to become residents

Low-income immigrants can more easily become permanent U.S. residents after the Biden administration undid a Trump-era rule that barred immigrants from obtaining residency if they received government benefits.  

Under the previous Trump-era public charge rule, individuals who could potentially receive benefits from the U.S. and become a burden to the country were denied residency status. 

Initially, the public charge rule was interpreted as immigrants who received cash assistance, income maintenance, or government support for long-term institutionalization. However, the Trump administration expanded the definition of benefits to include non-cash assistance including food stamps and Medicaid.

The new Department of Homeland Security rule, which will go into effect on December 23, will codify the standards that dictate when immigrants are considered a public charge or burden to the country.

According to Homeland Security Secretary Alejandro Mayorkas, the shift in policy “ensures fair and humane treatment.”

“Consistent with America’s bedrock values, we will not penalize individuals for choosing to access the health benefits and other supplemental government services available to them,” he said.

Under the Biden administration’s new rule, U.S. Citizenship and Immigration Services (USCIS) will only consider green card applicants to be a public charge if “they are likely at any time to become primarily dependent on the government for subsistence.”

“The public charge regulation caused such fear among immigrants who sought to legally apply for a green card that many chose to forego health care and vital economic support,” American Immigration Lawyers Association President Jeremy McKinney said in a statement.

“These changes to simplify and de-mystify the rule will truly change lives across our nation,” he added.