EL PASO, TEXAS — The Protecting Immigrant Families Coalition submitted a comment Friday, opposing the U.S. Department of Homeland Security (DHS) proposal to rescind current regulations concerning administration of federal immigration law’s “public charge” provision applicable to lawfully present immigrants applying for “green cards.” The comment was co-signed by 725 organizations nationwide, including the Asian & Pacific Islander American Health Forum, Children’s Defense Fund, Disability Rights Education and Defense Fund, Families USA, Food Research & Action Center, League of United Latin American Citizens, MomsRising, National Low Income Housing Coalition, National WIC Association, National Women’s Law Center, Protect Our Care, the Service Employees International Union, and United We Dream. It warns that the proposal opens the green card review process to arbitrary denials and political bias and threatens the health and wellbeing of millions in immigrant families.
“This proposal is a direct assault on lawfully present immigrants and U.S. citizens in immigrant families, and a threat to our country’s health and economic security,” said PIF coalition executive director Adriana Cadena.
While current policy considers whether green card applicants have used cash assistance or have gotten nursing home care through Medicaid, DHS proposes to make public charge determinations based on an applicant’s use of any health or social services program. The proposal does not specify the programs the administration will consider, noting instead that further guidance will come later, without the benefit of input from the American people.
“This is like taking down all the speed limit signs in America and telling drivers they’ll be pulled over based on individual officers’ discretion – you’d have chaos on the roads and law enforcement decisions driven by bias and politics,” said Cadena. “That’s what this is – except instead of speeding tickets it’s family separation.”
The proposal constitutes a threat to the nation’s health and economic security because of its potential impact at scale. Importantly, immigrant families account for about 28% of the US population, and about half of the people in immigrant families are U.S. citizens – mostly children. A related Trump public charge regulation implemented in February 2020 was ruled illegal by a federal court and struck down in March 2021. While that regulation’s technical application was limited to a small number of lawfully present immigrants applying for green cards, the deterrent “chilling effect” was much broader. A 2021 survey found that about half (46%) of people in immigrant families who needed care or help during the pandemic did not apply because of immigration concerns.
“To deter so large a share of the American people from seeking the help and care they need and qualify for under law would constitute a serious threat to our country under the best of circumstances,” the comment notes. “In an emergency, it would be disastrous.”
