EL PASO, TEXAS — Regulations finalized by the U.S. Department of Homeland Security (DHS) in July take effect Friday, threatening the health and wellbeing of millions of lawfully present immigrants and U.S. citizens in immigrant families. The Trump “public charge” regulation puts “green card” applications at risk if the applicant used health or social services for which they qualify under federal law. The policy also allows DHS to consider the applicant’s U.S. citizen child’s or other family members’ use of such programs as an indicator of low family income, putting the green card application at additional risk.
The regulation rescinds rules adopted in 2022 that established clear and consistent requirements for public charge determinations. As detailed by a comment opposing the change, by removing those guardrails and providing nothing in its place, the Trump regulation opens the green card process to political influence and personal bias.
The comment, coordinated by the Protecting Immigrant Families Coalition (PIF), warned that the deliberately vague policy will deter lawfully present immigrants and U.S. citizens in immigrant families from seeking care and help for which they qualify under federal law.
A related Trump public charge regulation implemented in February 2020 was ruled illegal by a federal court 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.
Responding to the final regulation’s publication, PIF issued the following statements from its executive director and members of its executive committee.
“This regulation is a direct assault on immigrant families, and a threat to our country’s health and economic security. Responsible leaders don’t design vague rules that invite politics, bias, and abuse. And responsible immigration policy doesn’t put millions of U.S. citizens at risk. Responsible members of Congress and state leaders must act to protect the nation from this known threat,” said PIF executive director Adriana Cadena.
“Every day, immigrant families across California and the country must navigate rapidly changing policies that undermine their sense of trust in the food, care, and services they need. That’s not accountability — it’s cruelty by design. This rule won’t make anyone healthier or safer; it will just teach people to fear the clinic, the food bank, and the school nurse’s office. Fear like this keeps kids sick and families in the shadows and it carries a heavy toll — in public health, in family stability, in basic decency. Congress and state leaders should be building a safety net system families can trust, not one deliberately designed to make them afraid to use it,” said Masih Fouladi, Executive Director of the California Immigrant Policy Center.
“As this public charge regulation takes effect, immigrant families will face even greater uncertainty and fear about accessing needed services and supports. We’ve seen how fear can discourage entire families from seeking health care, nutrition assistance, child care, and other critical supports. Children, including U.S. citizen children in mixed-status families, will bear the consequences. No child should miss out on what they need to thrive because their parents fear that seeking help could jeopardize their family’s future. We are committed to continue working with PIF and other partners to provide accurate information about the regulation so providers and communities can make informed choices,” said Wendy Chun-Hoon, executive director of the Center for Law and Social Policy.
“This regulation doesn’t just target immigrants applying for green cards, it punishes every family member who shares a home with them, including their U.S. citizen children. By reviving a vague, subjective standard and stripping away the clarity that protected families for the past three years, DHS has reopened the door to bias and arbitrary decision-making in one of the most consequential processes a family will ever go through. We already know how this story ends: fear will spread far beyond the small number of people this rule technically applies to, and families who qualify for health coverage, nutrition assistance and other basic supports will go without rather than risk their immigration status,” said Juliet K. Choi, president & CEO of the Asian & Pacific Islander American Health Forum.
