Foreign nationals who rely on government services will soon find it much more difficult to become permanent residents or even enter the U.S. under new guidance from the Trump administration.
Federal officials are being directed to more heavily scrutinize and weed out migrant applicants who are deemed likely to become dependent on welfare or other taxpayer-funded government services, otherwise known as a “public charge,” according to a U.S. Citizenship and Immigration Services (USCIS) memo obtained by the Daily Caller News Foundation. The new directive marks the latest action by the Trump administration to tighten immigration enforcement.
“The current public charge inadmissibility policy reinforces the longstanding principle that individuals seeking admission to the United States or adjustment of status to that of a lawful permanent resident must be able to support themselves financially or rely on the resources of their families, their sponsors, and private organizations, and not become a burden on U.S. taxpayers by relying on public resources,” USCIS spokesperson Matthew Tragesser said in a statement provided to the Daily Caller News Foundation.
“We are reaffirming our commitment to this core principle of U.S. immigration law after years of neglect,” Tragesser continued.
A determination is based on a foreign national’s likelihood to become a “public charge” — or becoming dependent on the government for cash assistance or other long-term welfare programs at the taxpayers’ expense, according to USCIS.
Numerous factors go into determining whether an alien would be a public charge, such as their health, age, education and skills, financial status or any past use of cash assistance from the government — such as housing assistance or food stamps, according to the agency. A foreign national’s employment history is also considered when making the determination.
The internal memo notes that there is no “bright-line” when making a public charge inadmissibility determination, but immigration officials must instead weigh the totality of all these factors.
The public charge stipulations will be applied to most aliens that are applying for a visa, admission into the U.S. or seeking an adjustment of status, such as a temporary resident aiming to become a permanent legal resident. USCIS officers will be “fully empowered” to exercise their authority and exclude any alien who is likely to become a public charge, per the internal memo.
“President Trump has made ensuring ‘that taxpayer-funded benefits be provided only to eligible persons and not encourage or reward illegal immigration to the United States’ a priority,” stated the policy memo. “The President has repeatedly emphasized that the executive branch must take action to ensure that public benefits are not provided to illegal aliens or unqualified aliens, and to ensure that appropriate eligibility verification is conducted.”
The new guidance is yet another policy reversal from the Biden administration era. In 2022, then-Homeland Security Secretary Alejandro Mayorkas — who oversaw record-levels of illegal immigration during his four years leading the Department of Homeland Security — rolled back public charge policies put in place during Trump’s first term in office.
The Biden administration at that time eliminated numerous assistance programs that immigration officials could consider when making the public charge determination, such as nutrition, housing and health care programs. The Biden-era changes made it easier for low-income immigrants likely to be dependent on the government to become permanent residents or even U.S. citizens.
The recent change falls in line with the Trump administration’s prioritization of border and illegal immigration enforcement. The White House has also pushed USCIS — the agency tasked with managing the country’s legal immigration system — to take on a more enforcement role, such as bolstering voter fraud prevention efforts and weeding out criminals seeking immigration benefits.
USCIS also announced in August it would more heavily scrutinize foreign nationals applying for U.S. citizenship, with the agency no longer only considering an alien’s absence of misconduct, but also weighing their “positive attributes” to society.
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