Trump Wins Right To Deny Green Cards To Immigrants Who Accepted The Health Care And Food The Government Offered Them
WASHINGTON. The Supreme Court on Tuesday cleared the Trump administration to begin denying permanent residency to immigrants who have used Medicaid, food assistance, or housing aid, lifting a nationwide injunction and allowing a sweeping new "public charge" standard to take effect in every state but Illinois.
Under the revived rule, a lawful immigrant who enrolled a child in Medicaid or accepted food stamps during a hard stretch may now be judged likely to become a burden on the country and denied a green card on that basis, resolving a long-standing concern that the United States was still admitting people who had once needed help and then stopped.
Administration officials framed the policy as a restoration of self-reliance. "We are simply asking newcomers to prove they will never require assistance, the way any American can," said one official within the administration, who noted that the same federal programs remained fully available to the citizens whose taxes fund them. The Department of Homeland Security has estimated that the change will cut participation in public benefit programs by roughly $9 billion a year, a figure it presented as a savings rather than a measure of people going without.
Immigration adjudicators, previously bound by 26 years of guidance specifying which benefits counted, will now exercise broad personal discretion over which applicants seem insufficiently wealthy, a flexibility the administration described as long overdue. Analysts noted that the largest group affected may be United States citizens, specifically the children in immigrant households whose parents, fearing the consequences, withdraw them from coverage they are legally entitled to receive.
The rule revives in expanded form a first-term policy the administration had unveiled in 2019, closing the brief window during which the federal government counted only cash assistance and otherwise let sick immigrant children see a doctor without endangering their families' futures.
At press time, the administration had clarified that the policy was in no way a deterrent against seeking help, but merely a permanent penalty for having sought it.