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Trump Revives Controversial Rule on Green Cards, Benefits

Expanded 'public charge' rule could deny green cards to those who use Medicaid, food benefits
By Newser Editors and Wire Services
Posted Jul 16, 2026 1:45 PM CDT
Trump Revives Controversial Rule on Green Cards, Benefits
A Special Supplemental Nutrition Program for Women, Infants and Children, better known as WIC, bag sits in a shopping cart in Jackson, Mississippi, Oct. 3, 2013.   (AP Photo/Rogelio V. Solis, File)

The Trump administration is reviving a rule that could deny green cards to immigrants who use public benefits that could include food stamps, Medicaid, housing vouchers, and others. The policy, known as "public charge," appeared on Thursday in the Federal Register and will be formally published on July 20, the AP reports. The policy was first implemented in February 2020 as one of President Trump's moves to limit legal immigration during his first administration, but it was reversed after Joe Biden came to power.

  • Under the policy, applicants for green cards have to show they wouldn't be burdens to the country or "public charges." Guidance from 1999 defined a public charge as someone "primarily dependent on the government for subsistence" and before the 2020 change, officials mainly focused on cash welfare and long-term institutional care instead of benefits like Medicaid, CBS News reports.

  • The policy's return comes as the Republican administration is implementing a hardline policy to curb both illegal and legal immigration, and when the cost of healthcare and food is rising.
  • The federal 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," US Citizenship and Immigration Services said on X. "Under President Trump, USCIS is restoring the basic principle that immigrants must be able to support themselves." The agency said the rule will take effect Sept. 18.
  • USCIS officials tell CBS that benefits received by family members won't be treated as a green card applicant's own, though they may still be taken into account when assessing the applicant's financial situation. Visas and green cards can be denied if officials decide an applicant is likely "at any time" to become a public charge.

  • While the administration's crackdown on immigration has an increased focus on deportations and immigration enforcement in cities across the country and at borders and entry points, it has also taken actions that target legal immigrants and mixed-status families. Federal law already requires those seeking permanent residency or legal status to demonstrate that they will not become a public charge. The Trump administration's rule, however, includes a broader range of programs that could disqualify them.
  • The Trump administration first promoted the rule in 2018 as a way to ensure that only those who were self-sufficient came to the US. Immigrant rights advocates criticized it, saying it amounted to a "wealth test." Public health experts said it would lead to worse health outcomes.
  • Nongovernmental organizations said the policy generated confusion and fear and caused many immigrants and their US-born relatives to decide not to apply for benefits and services to which they were entitled.

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