Trump administration is proposing a major change to green card qualification.
The Donald Trump administration has been working to shake up an immigration policy that could deny lawful immigrants their desired green card if the immigration officials decide that they are going to become dependent on the state. The Department of Homeland Security has moved to change the public charge rule which has been in place since December 2022. DHS plans to expand the public charge policy that would lower the threshold for being deemed likely to depend on the government. According to reports, the rule will formally be proposed on November 19 and will be open for public feedback for 30 days.
What is public charge?
Public charge is the factors that make one immigrant dependent on the government. It is a ground of inadmissibility. The Immigration and Nationality Act does not define “public charge” but requires a totality test of certain factors to determine if a foreign national is likely to become a public charge of the government. If deemed likely, the government can deny the immigration benefit or status sought by the foreign national.Currently, the public charge factors are age, health, family status, assets, resources, and financial status; education and skills and factors defined in regulations or policy (currently, the foreign national’s receipt of certain public benefits, and in some cases, a Form I-864 Affidavit of Support). If this is expanded, the chances of getting rejected for a green card will also increase. For example, under the proposed approach, DHS officers would be required to weigh the “totality of the circumstances,” including family health history and economic background, with fewer specific guidelines. The proposed changes are motivated by what the Trump administration believes — that government benefits should not encourage immigration.The change would ffectively hand more powers to Citizenship and Immigration Services officers to decide who they believe could become a “public charge,” according to Politico.
