DHS Removes Public Charge Rule, Creating Uncertainty for Green Card Applicants

(Washington)—The Department of Homeland Security (DHS) announced on July 20 that it is rescinding the 2022 Public Charge rule, and is not replacing it. This change will cause uncertainty for immigrants as they navigate green card applications and essential safety net programs. The Immigrant Legal Resource Center (ILRC) condemns this latest move by the Trump administration. The 2022 rule provided structural guidance for USCIS to make decisions related to evaluating public charge. 

While public charge is a narrow rule that requires officers to determine whether certain green card applicants will become dependent on the government in the future, the impact will be far reaching. Removing the 2022 rule allows the Trump administration to manipulate our immigration laws to attack low-income families.

Without the 2022 rule, families will decline to apply for benefits that they are eligible for - including public health programs - due to fear of immigration enforcement. This chilling effect threatens the health and wellbeing of our communities.

For green card applicants, taking away the rule makes it harder to know if their case will be granted. This is yet another  action allowing officers to unfairly deny cases of otherwise eligible applicants. The ILRC has analyzed the latest Public Charge changes and has provided resources to help immigrant communities understand whether this policy affects them.

You can access our analysis in English and Spanish at this link. And, continue to check the ILRC’s website for updates at ilrc.org/public-charge.