DHS Overturns Immigration Policy from Biden Administration

The Department of Homeland Security (DHS) has finalized a rule that reverses a regulation set by the Biden administration in 2022. This change allows immigration officers to evaluate whether an applicant has utilized welfare programs as a factor in determining eligibility for permanent legal citizenship.

According to a news release from U.S. Citizenship and Immigration Services (USCIS), this move aims to better align immigration practices with what it sees as the intent of Congress. The DHS believes that immigrants should be self-sufficient and not reliant on taxpayer-funded benefits.

Referring to the 1952 Immigration and Nationality Act, the DHS noted that individuals applying for visas or adjustments in status are disqualified if they are likely to become a public charge.

“With this final rule, USCIS officers are empowered to assess all pertinent facts on a case-by-case basis for each applicant,” stated the DHS.

USCIS spokesperson Zach Kahler added, “The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans.”

This new rule is set to take effect on September 18, with a revised version of Form I-485, used for applications for permanent residency, also being introduced. After the effective date, this updated form will be mandatory.

The policy change may affect hundreds of thousands of migrants seeking green cards each year and may discourage them from applying for public assistance programs like Medicaid and SNAP.

This rescission of the previous policy reinstates some discretion to federal immigration officers that existed during Trump’s first term, as reported by CBS News.

Once implemented, the rule will enable reviewers to assess factors such as an applicant’s age, health, family circumstances, assets, financial situation, education, and skills.

“This final rule is intended to help ensure that those seeking permanent residence are able to support themselves and are not likely to become primarily dependent on public assistance,” USCIS expressed in a statement on X.