Immigrants Brace for Trump's Revival of Public Charge Rule, Threatening Green Card Access

The prospect that Donald Trump will reinstate a stricter version of the public charge rule has sparked concerns among immigrants as his inauguration approaches. The rule, which allows authorities to deny green cards or entry to immigrants deemed likely to rely on public assistance, was expanded under Trump's administration in 2019 and later reversed by President Joe Biden.

Under Trump's previous policy, immigrants who had used programs like Medicaid, housing assistance, Children's Health Insurance Program (CHIP) or food aid faced barriers to obtaining legal permanent residency. The rule also deterred many mixed-status families — those with at least one U.S. citizen — from seeking benefits for fear of jeopardizing their immigration status.

Immigration attorney Fernando Romo said Trump is likely to reintroduce the stricter policy, citing its success during his first term. "We're going back to those times," Romo told EFE, adding that applicants for residency were previously required to demonstrate financial independence, even if they had a sponsor.

The stricter rule disproportionately impacted low-income undocumented families. A Kaiser Family Foundation analysis found the 2019 changes could have reduced enrollment in Medicaid and the CHIP by 2 to 4.7 million people, including U.S.-born children of undocumented immigrants.

Although Biden eased these restrictions, fear persists. In a 2023 Kaiser survey, 27% of immigrant adults, many likely undocumented, said they avoided seeking assistance due to immigration concerns. This hesitation continues despite the Biden administration's relaxed guidelines.

Immigrant advocates are particularly worried about mixed-status families who could again face tough choices if Trump reimplements the rule. During the campaign, Trump and Vice President-elect JD Vance repeatedly criticized undocumented immigrants, alleging they unfairly accessed public benefits despite being ineligible under current regulations.

Romo emphasized that changes to the public charge rule would not be immediate, as the administrative process could take months. In the meantime, he advised immigrants to prepare financially. "File your taxes, build good credit, and open savings accounts to avoid potential problems," he said.

The return of the stricter policy seems likely, given Republican support. In 2022, the Senate, with help from two Democrats, approved keeping Trump-era public charge changes in place. Over a dozen conservative states are pursuing legal action to bring back the policy.

"We are going to see changes, but not immediately. My advice to immigrants is to file their taxes, have good credit, open savings accounts so they won't be affected," said the lawyer interviewed by EFE.

Undocumented migrants married to US citizens face increased risks of getting deported after a federal judge from Texas struck down a recent BIden administration policy. The program in question allowed eligible migrants and stepchildren of U.S. citizens to apply for a green card while remaining in the country, a departure from the previous policy that required them to leave the U.S., potentially facing years-long bans as their cases processed through the system.

As Trump nominates his cabinet to implement stricter immigration policies, immigrant advocates and attorneys fear that the new administration may disproportionately target vulnerable children with actions such as resuming family separations at the border or breaking up mixed-status families living in U.S. cities.

Also, Trump's administration is expected to ramp up efforts to curb legal immigration, including denaturalization initiatives. While the focus on denaturalization may generate headlines, experts say its actual demographic impact will likely be minimal compared to broader immigration restrictions.