President Donald Trump's administration will again apply a stricter interpretation of the so-called "public charge" test, a criterion that will allow the Department of Homeland Security (DHS) to consider whether some immigrants used publicly funded programs, such as Medicaid, food stamps (SNAP) or housing assistance, when deciding whether they can obtain a Green Card.

CBS News revealed that the measure announced by the United States Citizenship and Immigration Services (USCIS) reverses a regulation implemented during the Joe Biden administration in 2022, which considerably limited the public benefits that could be considered within the immigration evaluation.

What changes with the new DHS rule?

Immigration legislation has contemplated for decades that certain applicants may be considered inadmissible if there is the possibility that they depend on government support to support themselves financially, since they would have to be able to cover their expenses.

With the new rule, USCIS officials will regain greater discretion to analyze each case individually. In addition to the use of certain public benefits, they may also assess factors such as the applicant's age, health status, family situation, financial resources, education, and work skills.

The director of USCIS, Joseph B. Edlow, defended the measure in statements to the aforementioned media: “Under the Trump presidency, USCIS is reestablishing the fundamental principle that immigrants should be able to support themselves.”

According to the government, the objective is to reinforce the principle of self-sufficiency and protect resources financed by taxpayers.

Thousands of immigrants could modify their applications

The new policy could directly affect about 588,000 adjustment of status applicants each year, according to DHS's own estimates.

However, specialists consider that the greatest impact could be indirect. The department itself estimates that nearly 950,000 people from immigrant households could stop applying for public benefits for fear that this would affect their chances of obtaining permanent residency.

However, the USCIS clarified that the benefits received by the applicant's family members will not automatically be considered their own, although they may be part of the evaluation of the general economic situation of the household.

The rule will come into force in the coming days, once the official publication process is completed. Form I-485, used to apply for permanent residence or adjust immigration status, will also be updated.

Although historically denials due to “public charge” have been rare, immigrant rights organizations anticipate that the measure could once again generate uncertainty among thousands of families who legally depend on health, food or housing programs while they regularize their immigration status.