Trump administration revives expanded public charge rule that Biden had relaxed during his presidency

NSI Deputy Executive Director Martha Miller joins ?Fox News Live? to discuss the State Department?s warning to foreigners not to glorify the assassination of political activist Charlie Kirk.

FIRST ON FOX: A State Department cable obtained by Fox News Digital directs U.S. embassies worldwide to enforce sweeping new visa screening rules under the so-called "public charge" provision of immigration law ? a move that revives and expands a Trump-era standard officials say was relaxed under President Joe Biden.

The guidance instructs consular officers to deny visas to applicants deemed likely to rely on public benefits, weighing a wide range of factors including health, age, English proficiency, finances and even potential need for long-term medical care.

"Self-sufficiency has been a longstanding principle of U.S. immigration policy," the cable that went out to U.S. posts across the globe on Wednesday states, "and the public charge ground of inadmissibility has been a part of our immigration law for more than 100 years."

Any past use of government cash assistance or institutionalization could also be grounds for denial. "You must examine all aspects of the case," the guidance reads, "including the petition, visa application, medical report, affidavit of support, and any information uncovered in the course of screening and vetting."

A State Department cable obtained by Fox News directs U.S. embassies worldwide to enforce sweeping new visa screening rules under the so-called "public charge" provision of immigration law ? a move that revives and expands a Trump-era standard officials say was relaxed under President Joe Biden. ( Mark Wilson/Getty Images)

Older visa applicants nearing retirement age are to face particular scrutiny, both for their job prospects and whether they can support themselves once they stop working. "Long-term institutionalization (e.g., at a nursing facility) can cost hundreds of thousands of dollars per year and should be considered," the memo notes.

The new guidance follows an executive order signed by President Donald Trump titled "Ending Taxpayer Subsidization of Open Borders." The cable says the order seeks to ensure "that no taxpayer-funded benefits go to unqualified aliens."

"The public charge determination is ?in the opinion of the consular officer,?" the cable reminds, placing the burden of proof entirely on the applicant. Officers are instructed to conduct a "comprehensive and thorough vetting" of each case and to assess "the totality of the applicant?s circumstances" before issuing any visa. "There is no ?bright-line? test," the cable adds. "You must consider all aspects of the case and determine whether the applicant?s circumstances? suggest that he is more likely than not to become a public charge at any time."

The guidance instructs consular officers to deny visas to applicants deemed likely to rely on public benefits. (MARK RALSTON/AFP/GettyImages)

A State Department official told Fox News Digital, "For years, the American taxpayer was held hostage by the Biden administration?s disastrous open borders agenda? The Trump administration has brought an end to the era of mass immigration."

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The State Department is responsible for deciding who receives visas abroad, while the Department of Homeland Security determines who is ultimately admitted to the United States and who may adjust status once inside the country. Although both agencies apply the same immigration law, the State Department?s guidance governs consular officers overseas, giving them broad discretion to deny visas on public charge grounds.

"Self-sufficiency has been a longstanding principle of U.S. immigration policy," the State Department cable reads. (AP/Mark Schiefelbein)

A 2022 version of the public charge rule under the Biden administration had limited the scope of benefits considered ? primarily to cash assistance and long-term institutional care ? excluding programs like SNAP, WIC, Medicaid, or housing vouchers. The Immigration and Nationality Act has long permitted consular officers to deem applicants inadmissible on public charge grounds, but Trump in 2019 expanded the definition to include a broader range of public benefits. That expansion was challenged in court, with portions ultimately blocked before being rescinded by the Biden administration.

The latest cable signals a return to that broader interpretation, instructing U.S. consular officials to "conduct a comprehensive and thorough vetting" of visa applicants and to verify all supporting financial documents. (Fox News)

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