New Issue Brief: Reforming the Immigration Public Charge Rule
A new points-based system would strengthen U.S. immigration standards while giving applicants faster and more consistent decisions
NEW YORK, NY – The Trump administration just announced its plan to review and update the public charge rule, one of the earliest federal immigration restrictions, that bars immigrants “unable to take care of themselves without becoming a public charge.” For nearly 150 years, some form of this exclusion has remained a part of U.S. immigration law. The first Trump administration sought to strengthen the rule and limit the entry of immigrants who will rely on government assistance. However, the reform faced legal challenges and was ultimately withdrawn by the Biden administration. Now, the second Trump administration has a historic opportunity to revisit the public charge order and improve the immigration system.
In a new issue brief, Manhattan Institute fellow Daniel Di Martino outlines the best way to strengthen the rule. He proposes using a points-based system to make public charge decisions more consistent, efficient, and economically sound. The system would assign points based on education, age, English proficiency, past public benefit use, health, and financial resources.
Di Martino argues that the points-based public charge rule would benefit all parties: the government, prospective immigrants, and American citizens. For the government, objective and measurable criteria would make decisions faster, more consistent, and less costly. For immigrants, clear criteria would reduce uncertainty in the application process and prioritize those who are best positioned to thrive and assimilate in the U.S. Finally, for American citizens, a rigorous public charge rule would strengthen the nation’s fiscal outlook by boosting tax revenues, supporting economic growth, and curbing welfare expenditures. The issue brief includes detailed examples illustrating how the proposed points system would work in practice.
Click here to read the full issue brief.
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