Two actions recent Trump administration actions signal a renewed focus on “public charge” considerations within the context of immigration law that could impact how foreign-born older adults and aging services employees receive publicly funded housing, care, and services.

Under immigration law, anyone applying for a visa or admission to the U.S. may be deemed inadmissible if they are determined to be likely at any time to become a “public charge.” In a public charge test, immigration officials consider certain factors to determine who can enter the country or obtain permanent status.

The Department of Homeland Security (DHS) issued a proposed rule this week for public comment that would give immigration officers broad discretion to deny green cards to applicants who have used—or are deemed likely to use—public benefits, such as Medicaid, Supplemental Nutrition Assistance Program (SNAP), and housing assistance.

The proposed rule would overturn the Biden-era rule that had taken a much narrower view of public assistance. This could impact access to affordable housing, nutritional services, and other supports for many immigrants who may choose to forgo benefits for which they are otherwise eligible out of fear of jeopardizing their immigration status or that of a family member. Additionally, this could potentially contribute to more workforce instability as immigrant staff in aging services settings face heightened scrutiny.

The Department of State issued new guidance earlier this month that gives consular officers wide latitude to deny immigrant visas on the basis of certain medical conditions. Sent via cable to all embassies and diplomatic posts, reporting about the cable suggested that it asked officers to weigh whether visa applicants with chronic or costly health issues, such as cardiovascular disease, diabetes, cancer, or obesity, have sufficient financial resources to cover care without relying on public benefits.

The new guidance will apply to applicants for employment-based green cards such as the EB3—which many LeadingAge members use to recruit nurses from abroad—although it is not expected to impose a significant obstacle to most of those candidates.

Separately, the Department of Housing and Urban Development (HUD) is expecting to propose major changes to housing eligibility rules that will restrict access to rental assistance based on the immigration status of household members, further limiting access to publicly funded supports.

LeadingAge will comment on the proposals by DHS and HUD to advocate for continued access to services and housing for foreign-born older adults and the workforce that serves them.