Green Card Applicants Beware: Government Sets New, Stricter Barriers

The Trump administration has proposed sweeping changes to US immigration policy that could raise major new barriers for green card applicants.

The draft regulation—currently under review by the Office of Information and Regulatory Affairs—would expand the definition of a 'public charge' and widen deportation criteria, sparking concern among legal experts, immigrant advocates, and policy analysts.

Public Benefits Now Under Review

At the heart of the proposed changes is a regulatory package submitted by US Citizenship and Immigration Services (USCIS) that could significantly expand the definition of what constitutes a 'public charge'—a term used to determine whether an individual is likely to become dependent on government assistance.

The submission was logged with the Office of Information and Regulatory Affairs on 3 November and is currently under review.

While the full text of the proposed rule has not yet been released, immigration attorneys warn that it may reverse the 2022 policy, which excluded non-cash benefits such as SNAP, Medicaid, and housing vouchers from consideration. If implemented, the new rule could make it harder for applicants who have used any form of public assistance to qualify for permanent residency.

Expanded Grounds for Deportation

In addition to the public-charge revisions, the administration has introduced broader criteria for deportation. As outlined by VisaVerge, the 2025 immigration rules now include minor criminal offences, residency abandonment and national security concerns as valid grounds for removal. This marks a departure from previous standards, which focused primarily on serious crimes and fraud.

The new framework also authorises expedited removals nationwide, giving Immigration and Customs Enforcement (ICE) agents expanded authority to detain and deport individuals from locations previously considered protected, such as schools and hospitals.

Legal Experts Warn of Uncertainty

Immigration law specialists say the constant regulatory shifts create instability for applicants already navigating a complex process. The American Immigration Lawyers Association (AILA) has cautioned that unclear standards could deter qualified applicants from seeking permanent residency.

The administration's approach has also drawn criticism for its potential to disproportionately affect low-income immigrants and families with children, many of whom rely on public programmes during periods of transition.

The ripple effects of the new immigration policies are being felt beyond green card applicants. At Duke University, faculty and staff have reported disruptions due to changes in H-1B visa regulations, including a new $100,000 fee for first-time applicants. Although this fee does not apply to renewals, it has raised concerns about access to skilled talent and the future of international academic collaboration.

What Green Card Applicants Should Do

In light of these developments, immigration attorneys recommend that green card applicants take proactive steps to mitigate risk. These include avoiding any legal infractions, maintaining continuous US residency, limiting use of public benefits and consulting with legal professionals to ensure compliance with evolving regulations.

According to Hacking Immigration Law, a policy breakdown emphasises that documentation is key. Applicants should maintain detailed records of their employment, tax filings, and community involvement to demonstrate their integration and stability.

As the proposed rule progresses through the regulatory process, stakeholders are closely monitoring updates. If the changes are adopted, they could reshape the landscape of legal immigration in the United States, making it more difficult for vulnerable populations to secure permanent residency.

For now, green card applicants are urged to stay informed, seek legal counsel and prepare for a more stringent review process. The future of US immigration policy remains uncertain, but the consequences of inaction could be severe.