A new Trump administration immigration policy that gives federal officials broader discretion to consider an immigrant’s use of public benefits when deciding whether to grant a green card or visa took effect Friday.
The changes expand how immigration officials apply the long-standing “public charge” provision, which allows the government to consider whether an immigrant is likely to become primarily dependent on the government for assistance.
Under previous guidance, immigration officers weighed limited public benefits, including Medicaid and the Supplemental Nutrition Assistance Program, known as SNAP.
Under the new policy, officials can consider a wider range of public benefits on a case-by-case basis, along with factors including an applicant’s income, assets, education, job skills, employability, health, health insurance coverage and age.
The updated guidance also places less emphasis on affidavits of support from sponsors, though they remain part of the review process.
Immigration advocates and some local officials say the changes could make it easier to deny legal residency to immigrants who rely on government assistance and could discourage families from using benefits they are entitled to receive.
The new policy is already facing legal challenges. New York City, Chicago, San Francisco and Seattle have sued the Trump administration over the changes. New York Attorney General Letitia James has also announced a separate challenge involving 21 states and the District of Columbia.
