Immigrants' use of welfare, Medicaid may be determining factor in Green Card approval under Trump admin

The Department of Homeland Security (DHS) could weigh green card decisions based on how much they use government assistance such as Medicaid and other welfare programs.

The move will place green card holders under greater scrutiny with the Trump administration’s “public charge” test that allows immigration officers to consider welfare use as a factor to determine if foreign nationals are able to get residency in the US, per CBS News. DHS rescinded a 2022 Biden-era policy that narrowed the public charge test on what factors immigration officers could use to determine how likely immigrants were to stay on government support programs.

The public charge test is used to determine how likely someone seeking residency in the US is to become dependent on publicly-funded welfare programs, and is a common part of the immigration and green card process. It’s historically based from the Immigration Act of 1882 said that immigrants would be denied entry if they were likely became a "public charge," or deemed unable to support themselves. During the times of Ellis Island, immigrants would have to prove that they would not be a burden on society. The 1917 Immigration Act also required immigrants over 16 to pass a literacy test.

The change from the Biden-era rule will likely impact how thousands of people apply for green cards each year and would likely incentivize those seeking residency in the US to avoid using welfare programs for healthcare, food, or housing.

Under current federal law, those applying to have a visa to the US, a green card, or other admission can be denied if an immigration officer finds that they are likely "at any time" to become a public charge or dependent on the government for assistance.

The 2022 Biden-era policy limited how much immigration officers could use that rule and limited the factors that DHS could consider to primarily cash payments for basic living expenses as well as long-term care paid for by the taxpayer.

The move from the Trump administration broadens what can be considered the calculus for immigration officers to deny or accept applications based on the public charge test. They can conduct case-by-case reviews using people's age, their health, assets, financial resources, if they have gotten benefits before, and other factors.

The rule applies to those in the US who are applying to adjust their status to lawful and permanent residence as well as those who are seeking admission to the US as immigrants. The rule is expected to be filed for public inspection on Thursday, per CBS News. However, the new public charge framework will not be going into effect for the next 60 days.

The move adds to the Trump administration's policies to tighten up immigration into the US after former President Joe Biden allowed for a record number of illegal immigrants to enter the country during his term.

The government “is reaffirming the requirement of self-reliance, protecting public resources and ending policies that encouraged dependency on the backs of hard-working American taxpayers,” USCIS Director Joseph Edlow said. “Under President [Donald] Trump, USCIS is restoring the basic principle that immigrants must be able to support themselves.”