The Department of Homeland Security (DHS) has unveiled a proposed rule that would make it easier for immigration officers to deny green cards to immigrants who use certain public assistance programs, including Medicaid and food stamps.
Announced late Monday, the proposal rolls back the Biden-era version of the "public charge" rule, which limited denials to applicants deemed "primarily dependent" on government support — mainly cash assistance or long-term institutional care.
While the new plan stops short of fully reinstating the more restrictive 2019 first Trump administration policy, it gives officers broader discretion to factor in an applicant's use of a wider range of benefits.
"DHS proposes to rescind the 2022 public charge ground of inadmissibility regulations," the DHS filing read.
"The 2022 regulations are not the best implementation of the statute, inconsistent with congressional intent, unduly restrictive, and hamper DHS's ability to make accurate, precise, and reliable determinations of whether certain aliens are likely at any time to become a public charge.
"Rescission would restore broader discretion to evaluate all pertinent facts and align with long-standing policy that aliens in the United States should be self-reliant and government benefits should not incentivize immigration.
"DHS also proposes to address the breach and cancellation of public charge bonds."
DHS cast the Biden policy as a "straitjacket" that prevented officers from considering "all factors and information relevant" to whether a person could become a public charge. The proposal states that restoring full discretion will allow officers to weigh an immigrant's circumstances "in the totality" using their own judgment.
Healthcare groups and immigrant advocates sharply criticized the proposed rule, hoping to keep the Biden-era assistance flowing under the Trump administration.
"By creating chaos and confusion, it deters lawfully present immigrants and U.S. citizens from seeking healthcare and help they need and qualify for," Adriana Cadena, executive director of the Protecting Immigrant Families Coalition, told The Hill.
She said the chilling effect on benefit use could be "even bigger" than during previous public charge policy fights.
Roughly 20% of Americans are enrolled in Medicaid, and about 12% receive food stamps. Both programs are accessible only to those lawfully in the U.S., and Medicaid coverage for immigrants depends on state participation.
George Kelemen of Share Our Strength's No Kid Hungry campaign said the proposal forces low-income immigrant families "to make impossible choices between preserving their immigration status and ensuring that their kids have what they need to grow and thrive."
The likely result, he warned, is that families will withdraw from programs that prevent hunger, homelessness, and health crises.
The proposal signals that the Trump administration intends to issue a more comprehensive new public charge rule at a later date. In the meantime, advocates say vague standards risk inconsistent decisions across DHS and the potential rejection of applicants who have lawfully used benefits.
"This move is designed to create confusion and uncertainty," said Sarah Grusin, senior attorney at the National Health Law Program. "Immigration officials are sure to make inconsistent and arbitrary decisions, forcing families to guess at what programs may or may not count."
She warned the shift could push vulnerable families "back into the shadows" and discourage them from obtaining needed medical care.
Public comments on the proposed rule are expected to open in the coming days.
Newsmax writer Eric Mack contributed to this report.