The Trump administration once again targets immigrants aiming for permanent residency in the United States. The U.S. Citizenship and Immigration Services (USCIS) has issued a memorandum to stringently enforce the "public charge" rule, potentially stalling thousands of Green Card and residency applications.
As reported by the Miami Herald, this directive, unveiled on September 4th, mandates immigration officials to rigorously assess applicants based on factors including age, health, income, employment, and education level. The purpose is to ascertain if an immigrant might become a "public charge," meaning someone who primarily relies on government assistance for survival.
The document also underscores the significance of the Affidavit of Support, where it will no longer suffice just to submit it. Sponsors must now provide substantial evidence of their actual financial capability to support the immigrant. This change could complicate matters for low-income families or Cubans relying on newly established relatives in the country.
A Return to Uncertainty
This policy is part of Trump’s broader strategy to limit access to public benefits for both legal and undocumented immigrants. The memorandum also highlights that the Affidavit of Support is a contract enforceable in federal courts, increasing the risk for sponsors who fail to meet its terms.
Applicants with limited income, a history of using public assistance, or those with health issues lacking insurance might now face higher chances of having their residency applications denied. "Evaluations will be individualized," stated USCIS, but urged for more comprehensive proof of employment, health insurance, and financial stability.
Context: Changes Under Biden
In September 2022, President Joe Biden’s administration reversed this Trump-era policy to "remove barriers" in visa and residency applications. At that time, the Department of Homeland Security clarified that Trump’s measure (2017-2021) barely impacted Cubans adjusting their status under the Cuban Adjustment Act (CAA), although it did affect some with direct family claims or fiancé visas.
Biden’s decision aimed to restore the historical interpretation of "public charge," preventing immigrants from relinquishing essential services like healthcare or food stamps out of fear of penalization in their immigration processes.
Now, with Trump’s return to the White House, the pendulum swings back, reopening uncertainty for thousands of immigrant families, including many Cubans, who fear being ensnared in a more hostile and restrictive system.
Steps for Applicants to Take
USCIS advises those seeking permanent residency to ensure they have a sponsor with verifiable income above federal guidelines, furnish additional documents regarding employment and health coverage, and consult trusted immigration lawyers to avoid mistakes that could cost them the American dream.
Understanding the Impact of the Public Charge Rule
What is the "public charge" rule?
The "public charge" rule is a policy that evaluates whether an immigrant is likely to rely primarily on government assistance for survival, influencing their eligibility for residency.
How does the rule affect sponsorship requirements?
Sponsors must now demonstrate substantial financial capability beyond merely submitting the Affidavit of Support, with enforceable obligations in federal courts.
What should immigrants do to improve their application chances?
Immigrants are advised to secure sponsors with verifiable income, provide comprehensive documentation on employment and health coverage, and consult immigration lawyers.