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."
TRUMP ADMINISTRATION TO VET LEGAL IMMIGRANT APPLICANTS FOR 'ANTI-AMERICANISM' AND ANTISEMITISM
"Self-sufficiency has been a longstanding principle of U.S. immigration policy," the State Department cable reads. (AP/Mark Schiefelbein)
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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 That expansion was challenged in court, with portions ultimately blocked before being rescinded by the Biden administration.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.
https://www.foxnews.com/politics/trump-state-department-orders-global-visa-crackdown-under-revived-public-charge-rule