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DHS resumes "public charge" wealth test for green card applicants

Presidnet Trump and Acting Homeland Security Secretary Chad Wolf. Photo: Jim Watson/AFP via Getty Images

The Trump administration will reimpose a new wealth and health "public charge" test for green card applicants in the U.S., after the rule was previously blocked by a court injunction in July because of the coronavirus, according to the U.S. Citizenship and Immigration Services website.

Why it matters: The rule could have a drastic impact on the half million or so immigrants in the U.S. who receive green cards — the first step to citizenship — each year. 69% of recent green card recipients had at least one negative public charge factor, according to the Migration Policy Institute.

  • Anyone in the U.S. who applied, but has not yet been approved for a green card through DHS on or after Feb. 24 will have to prove they are not likely to rely on certain government benefits in the future.
  • Immigration advocates are also concerned that the rule will have a "chilling effect" on immigrants who are eligible for needed public benefits.

Catch up fast: Under the new rule, factors that could potentially hurt an immigrant's chances at a green card include:

  • Not having an income that is 250% of the poverty line, or $76,700 for a family of five. That means some middle-income families would be hit, since $58,300 a year for a family of five is considered a middle-level income, according to the Pew Research Center.
  • Being older than 61 or younger than 18.
  • Having medical issues, especially if uninsured.
  • Not having private health insurance.
  • Not being a full-time student or employed.
  • Not speaking English proficiently.
  • Having a mortgage, car loan or credit card debt.

Between the lines: A federal judge in New York blocked the enforcement of the rule during the coronavirus pandemic in late July.

  • On Sept. 11, the U.S. Court of Appeals for the Second Circuit in New York granted a full stay of the injunction.

What to watch: A similar State Department rule is still being blocked by the courts.

Go deeper: The real impact of Trump's "public charge" immigration rule

Go deeper

Stef W. Kight
Dec 14, 2019 - Politics & Policy

Immigration is shaping the youngest generation of voters

Illustration: Eniola Odetunde/Axios. Photo: H. Armstrong Roberts/Stringer

Members of Gen Z are more likely to have immigrant parents than even millennials when they were the same age.

The big picture: Gen Zers were born and are growing up in an era of booming immigration. But they are less likely to be immigrants themselves than millennials were, making a larger percentage of them automatically eligible to vote at 18.

Go deeper (1 min. read)Arrow
Stef W. Kight
Dec 15, 2020 - Politics & Policy

Biden's Homeland Security pick wins law enforcement support

Alejandro Mayorkas. Photo: Demetrius Freeman/The Washington Post via Getty Images

A number of immigration and law enforcement groups are publicly backing Homeland Security nominee Alejandro Mayorkas after he failed to receive a single Republican vote when he last faced Senate confirmation, according to support letters reviewed by Axios.

Why it matters: Mayorkas would be the first immigrant and Latino to run the Department of Homeland Security, and the push from typically right-leaning law enforcement groups in particular could give him a critical boost with GOP lawmakers.

Go deeper (1 min. read)Arrow
Alayna Treene, author of Sneak Peek
2 hours ago - Politics & Policy

Scoop: Kaine, Collins pitch Senate colleagues on censuring Trump

Sen. Tim Kaine speaks with Sen. Susan Collins. Photo: Andrew Harnik/AP via Getty Images

Sens. Tim Kaine and Susan Collins are privately pitching their colleagues on a bipartisan resolution censuring former President Trump, three sources familiar with the discussions tell Axios.

Why it matters: Senators are looking for a way to condemn Trump on the record as it becomes increasingly unlikely Democrats will obtain the 17 Republican votes needed to gain a conviction in his second impeachment.

Go deeper (1 min. read)Arrow