The U.S. immigration system is poised for significant tightening as the Trump administration moves forward with regulatory changes that could substantially expand barriers for green card applicants. The draft rule, currently under review by the Office of Information and Regulatory Affairs, signals a shift toward stricter scrutiny of immigrants who have used public benefits and broadens deportation grounds in several key categories.
The proposal centers on the definition of a "public charge," a long-standing standard used to determine whether an individual may become dependent on government support. U.S. Citizenship and Immigration Services recently submitted the regulatory package, which could reverse a 2022 policy that excluded non-cash benefits such as Medicaid, SNAP and housing assistance from consideration. Under the new approach, a wider range of public benefits could weigh against applicants seeking lawful permanent residency.
While the full text has not yet been released, immigration attorneys say the expected change may make it more difficult for low-income applicants and families to secure green cards, particularly those who used public programs during periods of employment transition or medical need. The submission was formally logged on November 3, beginning the federal review process that precedes public comment.
A second policy shift broadens the criteria for deportation. According to a summary highlighted by VisaVerge, the updated rules extend removal eligibility to include minor criminal offenses, residency lapses and national security-related concerns. Historically, U.S. removal proceedings primarily targeted individuals convicted of serious crimes, fraud or those lacking legal status.
The rule package also expands the reach of expedited removal procedures. Immigration and Customs Enforcement agents would gain the authority to detain and deport individuals from more locations nationwide, including areas previously considered sensitive, such as schools and hospitals. The administration has argued that the new enforcement flexibility is intended to streamline the immigration system and reduce backlogs.
Legal scholars caution that the rapid evolution of standards may create uncertainty for applicants already facing complex documentation requirements. The American Immigration Lawyers Association has noted that fluctuating definitions of eligibility could deter qualified individuals from applying for visas or permanent residency.
The broader immigration environment has also affected skilled workers and institutions. At Duke University, faculty and administrators have reported disruptions linked to changes in H-1B visa rules, including a new $100,000 fee for first-time applicants. Although the fee does not apply to renewals, universities warn that higher costs could hinder recruitment and international research collaboration.
Immigration attorneys recommend that prospective green card applicants take steps to prepare for heightened review, including maintaining thorough employment records, continuous residency documentation and careful compliance with all local and federal regulations. Firms such as Hacking Immigration Law advise that detailed evidence of tax history, work stability and community ties may prove increasingly important.
