A new federal rule is likely to have a chilling effect on Arkansas families applying for essential services for which they’re eligible, likely resulting in higher uninsured rates, fewer families seeking help for food and housing benefits, and more. In addition, it could cause fear and confusion in Arkansas’s immigrant communities.
In September, the Trump administration will implement a new “public charge” rule that would make it harder to gain citizenship or a green card if there is a record of using a government benefit, though the proposal is so vague it’s hard to know exactly which benefits or how it would work. Lack of clarity is one of the major issues with the new rule, which you can learn more about here.
What is Public Charge?
- The admissibility rule is used when a government official looks to see whether a person applying to enter the United States or seeking permanent residency is likely to primarily depend on the government for support. That is what “public charge” means.
- It only affects people applying for admission to the United States: for example seeking a visa, or for those who already live here and are seeking Lawful Permanent Residency status (a “green card”).
- It’s meant to be a forward-looking test, not a punishment for past hardships.
- It’s supposed to look at a person’s total circumstances, not just whether the person has ever used a public benefit. Benefit use is only one possible part of the big picture of the person’s circumstances.
Historically, the test has looked at several factors, including use of benefits as one part of a larger test. For more than a century, only cash assistance and the likelihood of long-term institutionalization were factors in the test.
The first Trump administration implemented a much stricter rule, also including factors such as food, health, and housing benefits. The Biden administration reversed that rule, but the second Trump administration is set to implement an even harsher test than it had in place during its first term. That harsher version goes into effect on September 18.
The new 152-page rule does not include clear protections or guidelines. It doesn’t even name the types of benefit programs that will be considered, so it can be interpreted very broadly by government officials, opening the door for arbitrary and discriminatory decisions. One of the concerns is that it could take into account family members’ use of programs, not just the applicant. Another concern is that the government officials could “look back” at use of benefits for an unlimited amount of time, striking applicants who are more than supporting themselves but may have sought benefits as a college student or whose children have used programs like ARKids First in the past. Because the rule is vague, it’s hard to know exactly what will be used in these determinations.
Who does it apply to?
- People applying for a green card based on family relationships or current green card holders who’ve left the country for a long time and are re-entering
- People applying for a visa based on their employment situation
- Other more specific categories including foreign medical school graduates, employees of the U.S. government abroad, and others
The vast majority of applicants are in the first two categories, family-based green card applicants and employment-based applicants.
Who doesn’t it apply to?
- Humanitarian applicants such as refugees and asylees, as well as people applying for Temporary Protective Status
- Survivors of violence outside the United States, including victims of family violence and children with Special Immigrant Juvenile Status
- Those who are protected based on their country of origin, including Cuba, Haiti and certain other countries
- Several other special categories including surviving family members of military service members
The vague nature of the rule will cause a lot of confusion. Experts suspect that even programs that are unaffected by the rule — like school lunch programs or the WIC program for pregnant women and children — will see fewer applicants because families will be concerned about their children using programs that could hurt their own residency applications later.
The administration estimates that it will save $2.5 billion to $13 billion each year, with those savings coming from children and families forgoing the use of programs for which they are eligible.
What now?
It’s important that people in Arkansas understand that the rule doesn’t apply to everyone, and that we all work to reduce confusion and fear in our communities. For more information, please seek expert advice based on individual circumstances. More accurate information is available from Protecting Immigrant Families (PIF):