A new policy introduced by the administration of U.S. President Donald Trump could make it significantly more difficult for people with disabilities to immigrate to the United States and may discourage immigrant families from using healthcare and other public benefits to which they are legally entitled, disability rights organisations warn
The U.S. Department of Homeland Security (DHS) has adopted a rule expanding the circumstances under which people applying for visas or permanent residency may be considered a “public charge.”
Such a determination can result in an immigration application being denied if authorities conclude that the individual is likely to become dependent on government assistance over the long term.
Disability advocates are particularly concerned that immigration officials may take applicants’ health conditions and functional limitations into account when making these assessments. Organisations representing people with disabilities warn that individuals who require long-term medical care or various forms of support could therefore face greater disadvantages during the immigration process.
Experts say the consequences could extend well beyond immigration proceedings themselves. They point to the so-called “chilling effect,” in which people avoid using public programmes out of fear that doing so could jeopardise their immigration status, even when they are legally entitled to those services.
A similar pattern was observed during President Trump’s first administration after a comparable public charge rule was introduced.
Families in which children are U.S. citizens but their parents are immigrants are expected to be particularly affected. Disability rights advocates warn that parents may avoid enrolling their children in Medicaid or other healthcare programmes because they fear this could negatively affect future visa or permanent residency applications, even though participation in certain programmes should not, in many cases, have such consequences.
Organisations providing legal assistance to immigrants also warn that the complexity of the new rules will make it difficult for many families to understand what is and is not permitted. As a result, they expect some people to forgo healthcare, rehabilitation services or other forms of assistance as a precaution, potentially leading to serious consequences for their health and quality of life.
Representatives of disability rights organisations argue that the new rule creates additional barriers for people who already face challenges in accessing education, employment and healthcare because of their health conditions or disabilities.
They maintain that immigration decisions should be based on established legal criteria rather than assumptions about potential future healthcare or social service costs.
