Revised Rule Imposes Self-Sufficiency Test for Immigrants Seeking Residency in America

Immigration officials are returning to a first-term Trump administration policy that allows the Department of Homeland Security to consider financial needs in rejecting applicants for green cards, undoing a Biden-era policy that prevented a review of the welfare status of candidates seeking permanent residency. 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,” the U.S. Customs and Immigration Services confirmed Thursday in an X repost of a CBS News exclusive quoting the agency’s director, Joseph B. Edlow.“Under President Trump, USCIS is restoring the basic principle that immigrants must be able to support themselves,” reads the post.The public charge test, as it is known, applies to anyone in the United States who wants to make their visitor status permanent. It also applies to individuals abroad who are seeking to enter the country as permanent residents. Under the new requirements, a person applying for admission to the United States or an adjustment of their status will be “inadmissible” if they are “deemed likely at any time to become a public charge.” The final rule, which is not yet published in the Federal Register but was released in draft form, notes that the revisions will prohibit individuals who have applied for the Children’s Health Insurance Program, Supplemental Nutrition Assistance Program, Medicaid, or housing assistance, among other federal assistance programs.“This final rule is intended to help ensure that those seeking permanent residence are able to support themselves and are not likely to become primarily dependent on public assistance,” the agency said in a statement accompanying a release about the revised rule, set to take effect on September 18. “This is great news,” said Congressman Troy Nehls, a Trump ally from Texas who introduced similar legislation last year. “If an alien would be a drain on taxpayer-funded resources, like Medicaid, SNAP, and housing assistance, they shouldn’t be admissible into our country.”Senator Jacky Rosen, a Nevada Democrat, noted that DHS is already struggling with a backlog of 12 million visa applications, causing delays that she said affect people who could be working legally but otherwise can’t earn a decent wage.“Workers depend on timely processing to continue providing for their families and contributing to our economy. I’m demanding @USCIS explain how they’re planning to work through this backlog,” she wrote. While deniability under the public charge test is already an option, it has been implemented rarely. According to Homeland Security, it was used between 45 and 91 times per year between 2020 and 2024. During that same period, more than 3.7 million people applied for permanent residence or an adjusted status and over 2.9 million people were approved.The rule exempts certain immigrants, including asylum seekers and refugees as well as applicants from nations such as Cuba, Nicaragua, and others with specific statutory protections. The immigration application form will be revised and any older versions postmarked or submitted after that date will not be accepted.

Revised Rule Imposes Self-Sufficiency Test for Immigrants Seeking Residency in America

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