The Department of Homeland Security (DHS) is proposing a change making it easier for officers to deny visa applicants if they’re deemed too reliant on assistance programs. The proposal is part of larger implementation of the public charge rule that allows immigration officials to deny appeals from individuals deemed overly reliant on government support. Green card applicants will also be denied if they’re overly reliant on assistance programs.
Medicaid, food stamps, and other benefits are only available to those lawfully present in the United States. Additionally, non-citizens can only access safety net program assistance if states agree to cover the costs. The proposed policy allows DHS officers to consider all relevant factors before granting visas. Such changes help the DHS better align with the guidelines posed by an Executive Order signed on February 19, 2025.
The move mirrors the Department of State’s (DOS) and U.S. Citizenship and Immigration Services’ (USCIS) efforts to impose a stricter application of the public charge rule onto visa applicants. Immigration agents will likely consider the following applicants likely of public charge:
- Individuals near the age of retirement.
- Individuals with physical disabilities.
- Individuals with a history of physical health problems.
- Individuals with a history of mental health problems.
Currently, the new policy is just a proposal. The DHS hasn’t released any concrete guidelines or a date it will go into effect.
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