Trump "public charge" rule resets health test for green cards
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The Trump administration formally laid the groundwork Monday to weigh immigrants' use of programs like Medicaid and CHIP in determining whether they should get permanent residency.
Why it matters: The policy shift could discourage immigrant families from seeking health coverage if it could put their legal status at risk, public health groups warn.
- That could increase emergency room use, raise the cost of uncompensated care and widen health disparities, according to health policy experts.
Driving the news: The Department of Homeland Security published a new version of a "public charge" policy, which was expanded during President Trump's first term and then rolled back during the Biden years.
- It overrides previous policies that limited which public benefits could disqualify immigrants from getting a green card, instead leaving decisions to the discretion of immigration officers on a case-by-case basis.
- It also clarifies that a person's receipt of means-tested public benefits like Medicaid, CHIP and SNAP can be used to determine whether green card applicants would likely rely on government support.
- The new policy "restores broader discretion for DHS officers to evaluate all pertinent facts and aligns with long-standing policy that aliens in the United States should be self-reliant and government benefits should not incentivize immigration," the rule states.
Between the lines: Public health and immigrant aid groups say the change could have a chilling effect.
- A KFF-New York Times survey found 11% of immigrant adults said they stopped participating in public benefit programs last year due to immigration-related concerns, including about 4 in 10 (42%) who were likely undocumented and about 1 in 6 (17%) parents.
What they're saying: "This rule will exacerbate the pervasive fear and uncertainty among immigrant families," Andrew Racine, president of the American Academy of Pediatrics, said in a statement.
- He said the change could "lead to children — including those who are U.S. citizens — not receiving vital health services and supports they need and are eligible for."
- DHS estimated that more than $13 billion could be saved annually through the total reduction in transfer payments from federal and state governments.
- It acknowledged the rule might result in reduced revenues for hospitals and other health providers participating in Medicaid, as well as for companies that make drugs or medical supplies.
Context: The federal government has long had policies for permanent residency to determine whether a person is likely to become overly reliant on public benefits. Certain immigrant groups like refugees and asylum-seekers are exempt.
- The first Trump administration added most Medicaid services to public charge determinations. The Biden administration reversed the change, largely limiting determinations to cash welfare benefits.
- But misconceptions about using health services lingered. About 25% of adults in families with both undocumented and legally present members avoided public benefits in 2022 because of green card concerns, per the Urban Institute.
What's ahead: The new policy will apply to applications for green cards made on or after Sept. 18.
