To receive a green card, applicants already have to prove they're self reliant and will not become a public charge.
However, a new rule that is set to go into effect Sept. 18 expands that definition and gives immigration officers greater leeway in determining who will rely too much on government assistance.
The Trump administration rescinded a Biden-era rule that limited public charge to two types of benefits: cash-assistance and long-term institutionalization, which includes staying in a nursing home or mental health facility.
The administration has not said yet what types of public assistance will count against immigrants.
But without the Biden-era limitations, immigrant advocates and attorneys said it can include a wide range of benefits like the Supplemental Nutrition Assistance Program (SNAP), Medicaid, or housing vouchers.
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The new rule would also penalize green card applicants for their family members who use benefits — for example, U.S. citizen children who attend the Head Start program or receive food stamps.
Alina Husain, an immigration attorney based in Tampa, said the uncertainty has stirred up a lot of fear among her clients.
"I'm getting a lot of very concerned clients because they just don't know how these rules are actually going to be enforced," said Husain.
The Department of Homeland Security issued a statement saying, with the new rule, "USCIS officers are empowered to assess all pertinent facts on a case-by-case basis for each applicant," and that the Trump administration is protecting Americans from paying for benefits going toward immigrants here unlawfully.
Jean Espinoza, an immigration attorney based in Lakeland, acknowledged people's concerns about having to foot the bill for public assistance.
"However, the question is whether this will be abused for making these determinations and banning some people that should not be banned for obtaining a green card," said Espinoza.
The new rule would not apply to those who file a green card application before the Sept. 18 deadline.
Florida is home to the largest backlog of family-based green card petitions in the nation.
Husain said most people who receive public benefits are U.S. citizens or those who already have a green card.
Further, immigrants who have no lawful status are unable to access most benefits, except for things like public education or emergency Medicaid, she said.
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She said the rule, although it has not officially been implemented yet, is already discouraging some people in mixed-status families from accessing certain programs.
"It's possible that they're not going to avail public benefits to which they're otherwise eligible, just because they're afraid of how that might impact their family members who are non-citizens," said Husain.
A study from the CATO Institute found that immigrants, including those who were lawfully present, such as TPS recipients, asylum seekers, lawful permanent residents and other temporary visa holders, are a lot less likely to enter the welfare system.
Maddie Geschu, director of policy and advocacy at Protecting Immigrant Families (PIF) Coalition, said, without proper guidance, public charge test can be influenced by personal bias and political bias.
"You're leaving it up to the immigration officer to determine ... whether your family member could become a public charge in the future," said Geschu.
Geschu noted that the public charge rule does not apply to people who are already green card holders and who are applying for naturalization.
Some green card applicants under specific humanitarian programs may also be exempt from the rule.
