The Trump administration activated on Friday a new public charge rule that expands the criteria under which the U.S. Citizenship and Immigration Services (USCIS) can deny permanent residency to immigrants who have received government benefits, a measure that raises concerns in the Latin community but, for most Cubans, does not pose the threat that many fear.
Starting from September 18, USCIS agents will evaluate "each and every" benefit received by those applying for a green card, according to an official statement from the agency.
The list of aids now included in the evaluation is considerably broader than before: food stamps (SNAP), Medicaid, housing vouchers, financial assistance for university studies, and other programs subject to resource verification.
Until now, the regulation in effect since 2022 only considered public cash assistance for living expenses or long-term institutionalization at the government's expense.
It is estimated that around 950,000 people could give up government benefits as a direct consequence of this policy, according to reports from Telemundo.
The measure is a reactivation of a regulation that Trump first implemented in February 2020 during his first term and that the Biden administration repealed.
The government justified it by stating that "it is reaffirming the requirement of self-sufficiency, protecting public resources, and putting an end to policies that fostered dependency at the expense of hard-working American taxpayers."
Does it affect Cubans?
For most Cubans applying for their residency through the Cuban Adjustment Act (CAA), the answer is clear: this rule does not affect them.
The CAA, approved by Congress in 1966, includes a statutory exemption from the inadmissibility ground of public charge. As a law of Congress, no administrative regulation from the Executive can nullify it, as explicitly reaffirmed in the Federal Register in July 2026.
The immigration lawyer Willy Allen III explained it emphatically: "If I am Cuban, I will take the Adjustment Act and if I have received any assistance, I will disregard it. No worries. It doesn't matter. It has nothing to do with it. Because it's an exception. And it remains an exception."
In practical terms, a Cuban who has received SNAP, Medicaid, or housing subsidies while waiting to adjust their status under the CAA cannot have their residency denied for that reason.
Who should be concerned
The situation changes for Cubans who do not adjust under the CAA: those with a form I-220A with status still unresolved before the Board of Immigration Appeals, or those applying for residency through family petition, employment, or other standard avenues, are subject to the new evaluation.
In these cases, USCIS will analyze the "totality of the circumstances" considering five factors: age, health, family situation, assets and resources, and education and skills.
If an officer determines that the applicant is inadmissible solely due to the likelihood of becoming a public charge, they will be offered the option to pay a bond using Form I-945, with a minimum of $1,000, calculated based on the assistance they may receive over the next five years.
Willy Allen III warned that the actual scope of the rule is still uncertain: "That change is new, so I can't say 100% how they are going to use it. But knowing this government, I know it's likely they will try to push that rule to the limit of denying as many cases as possible."
They are also exempt from the rule, in addition to beneficiaries of the CAA, asylum seekers, refugees, applicants for Temporary Protected Status (TPS), victims of trafficking and crimes, and special immigrant minors.
The new rule applies only to status adjustment requests submitted starting this Friday; those submitted before that date will be evaluated under the previous 2022 criteria, even if they are still pending resolution.
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