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The administration of Donald Trump once again put immigrants seeking permanent residency in the United States under scrutiny.
The U.S. Citizenship and Immigration Services (USCIS) issued a memorandum directing a stricter enforcement of the "public charge" rule, which could hinder the approval of thousands of Green card and residency applications.
According to a report by the Miami Herald, the measure, announced on September 4, instructs immigration officials to rigorously evaluate factors such as age, health, income, employment, and educational level of applicants.
The objective is to determine whether an immigrant can become a "public charge," meaning someone who primarily relies on government assistance for survival.
The document also emphasizes the importance of the Affidavit of Support, which will not only require submission but also demands that sponsors provide sufficient evidence of their actual financial ability to support the immigrant. This could complicate the situation for low-income families or for Cubans who rely on the support of relatives recently established in the country.
A return to uncertainty
The policy is part of Trump's strategy to restrict access to public benefits for both legal and undocumented immigrants. The memorandum also recalls that the Affidavit of Support is an enforceable contract in federal courts, which increases the risk for sponsors who fail to comply.
Applicants with limited income, a history of public aid usage, or health issues without medical insurance would now have a higher chance of having their residency applications denied. “The evaluation will be individualized,” clarified USCIS, but requested more thorough evidence of employment, health insurance, and economic stability.
Context: what had changed with Biden
In September 2022, the Joe Biden administration had revoked this same Trump regulation to “remove obstacles” in visa and residency applications.
Then, the Department of Homeland Security clarified that the Trump-era measure (2017-2021) only affected Cubans adjusting their status under the Cuban Adjustment Act (CAA), although it did impact some with direct family claims or fiancé visas.
Biden's decision aimed to restore the historical interpretation of "public charge," preventing immigrants from renouncing essential services such as healthcare or food stamps for fear of being penalized in their immigration processes.
Today, with Trump's return to the White House, the pendulum swings once again in the opposite direction, reopening uncertainty for thousands of immigrant families, including many Cuban families, who fear being caught in a more hostile and restrictive system.
What applicants must do
USCIS advises those seeking permanent residency to ensure they have a sponsor with verifiable income above federal guidelines, to submit additional documents regarding employment and health coverage, and to consult with trusted immigration attorneys to avoid mistakes that could jeopardize their American dream.
Frequently asked questions about the "public charge" rule and its impact on immigrants in the U.S.
What does the tightening of the "public charge" rule under the Trump administration involve?
The Trump administration has decided to implement the "public charge" rule more rigorously, meaning that immigrants seeking permanent residency in the U.S. will be evaluated more strictly based on factors such as age, health, income, employment, and education level. The aim is to determine whether the immigrant could become a burden on the government by relying on public assistance.
How does this measure affect low-income families or Cuban immigrants?
The measure complicates the situation for low-income families or Cubans who rely on support from relatives recently established in the U.S., as they will be required to demonstrate sufficient evidence of their financial capability to support the immigrant. This could hinder the approval of their residency applications.
What should residency applicants do to comply with this rule?
USCIS recommends that applicants for permanent residency secure a sponsor with verifiable income above the federal guidelines, submit additional documents regarding employment and health coverage, and seek advice from immigration attorneys to avoid mistakes that could jeopardize the approval of their application.
What changes did Trump make to immigration policies compared to the Biden administration?
The Trump administration has reversed changes made by Biden, such as relaxing the interpretation of "public charge" to prevent immigrants from forgoing essential services. With Trump's return, a more restrictive policy has been reinstated, increasing uncertainty for thousands of immigrant families.
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