In U.S. immigration law, the idea of public charges has historically applied to those deemed likely to primarily depend on the federal government for survival, such as through public cash assistance or institutionalized long-term care. Mr. Trump’s rule expanded the definition, changing what had been common practice for 20 years, and was seen by many as a way to keep out poor immigrants.
The Trump administration, however, expanded the list of benefits that could make a new immigrant ineligible for permanent residency, adding Medicaid, food stamps and subsidized housing, for example. Researchers have said the policy prompted many families to drop off the benefit rolls, even if they had children who were U.S. citizens and could use such programs with no effect on their immigration applications.
In November 2020, a federal district court ordered the Trump administration to stop enforcing the policy.
Last March, the definition reverted back to what it had been before; the new proposal would continue to use the old language.
“The 2019 public charge rule was not consistent with our nation’s values,” Alejandro N. Mayorkas, the homeland security secretary, said in a statement on Thursday. “Under this proposed rule, we will return to the historical understanding of the term ‘public charge’ and individuals will not be penalized for choosing to access the health benefits and other supplemental government services available to them.”