Trump crackdown on ‘public charge’ rule could put U.S. green cards at risk
The U.S. Citizenship and Immigration Services (USCIS) has issued a new policy memorandum reinforcing the application of the “public charge” ground of inadmissibility — a standard that can prevent immigrants from obtaining a permanent residence card or green card.
Under the Trump administration, USCIS on Sept. 4 instructed immigration officers to apply more strictly the criteria that could block applications for permanent residency, green cards or entry into the country for immigrants deemed likely to depend on public benefits.
What Trump’s public charge rule means for green card applicants
According to the memorandum, an immigrant can be deemed a “public charge” if they are likely to rely primarily on government assistance for their subsistence.
Immigration officers are directed to weigh factors such as age, health, family status, financial resources, education and work skills before making a decision.
USCIS stressed that the public charge provision is already established in the Immigration and Nationality Act (INA), but this new guidance reinforces the way it should be applied in practice.
Impact of USCIS rule on green cards and residency applications
One of the central points of the document is the requirement to present an Affidavit of Support. This document, signed by a sponsor, is a legally enforceable contract obligating the sponsor to support the immigrant and prevent them from relying on public aid.
The memo orders officers to examine not only whether the affidavit exists, but also whether the sponsor has the real financial capacity to sustain the immigrant.
This could make applications more difficult for families with limited incomes or sponsors with scarce resources who are seeking a permanent residence card or a green card.
Trump administration policy: restricting public benefits
The memorandum is part of the Trump administration’s broader strategy to tighten access to public benefits for immigrants, both legal and undocumented.
Since returning to the White House, Trump has advanced measures restricting access to health, nutrition and economic assistance programs, tying them to immigration proceedings.
The memo also reminds officers that the Affidavit of Support is legally enforceable in federal courts — a point the Trump administration has emphasized as part of its effort to limit immigrants’ access to public benefits.
The agency further warns that negative factors — such as low income, past use of public benefits or health issues without insurance coverage — should weigh more heavily in determining eligibility.
Green card applicants: what to know about Trump’s new rule
USCIS clarifies that the public charge evaluation is individualized and not based on a single factor, though it does require more detailed evidence of income, employment and health coverage.
The agency recommends that applicants for permanent residency or green cards:
- Ensure they have a sponsor with verifiable income above federal guidelines.
- Submit additional documentation on employment, health insurance and financial stability.
- Seek help from reputable immigration attorneys or accredited advisors to avoid mistakes in their applications.
Read more: Judge blocks Trump from stripping TPS from over 900,000 Haitians and Venezuelans
This story was originally published September 12, 2025 at 1:06 PM.
