EL PASO, TEXAS — The U.S. Department of Homeland Security (DHS) released a proposal Monday to rescind current regulations concerning administration of federal immigration law’s “public charge” provision applicable to lawfully present immigrants applying for “green cards.”
The proposal indicates that it will be formally published in the Federal Register on Wednesday. By removing the concrete language provided by the 2022 regulations, the Trump administration proposal opens the green card review process to arbitrary denials and political bias, advocates for immigrant families said.
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.
Revoking the current regulation also allows DHS to reject green card applications based on obesity or any other personal characteristic the administration elects to consider. In a drastic expansion of the administration’s discretion, the proposal allows DHS to consider whether applicants’ families have used health or social services programs or have health or economic histories disfavored by the administration.
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 27% 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 the 2020 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. This chilling effect resulted from misinformation and disinformation by the administration, leading millions of lawfully present immigrants and U.S. citizens to avoid seeking help and care for which they qualified under federal law.
In response to this proposal, the Protecting Immigrant Families coalition (PIF) released the following statements.
Statement of Adriana Cadena
Executive Director, Protecting Immigrant Families Coalition
“This dangerous proposal puts the nation’s health and economic wellbeing at risk. By creating chaos and confusion, it deters lawfully present immigrants and U.S. citizens from seeking health care and help they need and qualify for under federal law. The proposal’s invitation to political bias, coupled with the administration’s out-of-control enforcement assault on immigrant families, make this proposal even more dangerous. The chaos and fear that drive the chilling effect are much worse than last time, so the impact could be even bigger.
“Members of Congress, the administration may have refused to learn from the mistakes of its past, but you don’t have to put your head in the sand. Stand up for your communities’ health and economic wellbeing – raise your voices and demand real oversight. State and local leaders, speak out and make sure your congressional representatives know how this will devastate the communities you serve. We must all act to protect our country from this known threat.”
Statement of Renee M. Willis
President and CEO, National Low Income Housing Coalition
“At a time when the country is working to recover from the longest government shutdown in U.S. history and reductions in housing, food, and healthcare assistance, we cannot afford to implement policies that will increase uncertainty for millions of individuals and families. We urge the administration and Congress to reject the proposed public charge rule, given the turmoil and legal challenges similar anti-immigrant regulations have faced in recent years. Instead, we encourage the advancement of policies that ensure equal access to the essential resources people need to survive.”
Statement of George Kelemen
Sr. Vice President, Program Partnerships, Campaigns and Advocacy, Share Our Strength
“The administration is forcing lawfully present immigrant families with low incomes to make impossible choices between preserving their immigration status and ensuring that their kids have what they need to grow and thrive. We know from experience that this policy will reach far beyond those directly covered, harming countless U.S. citizen children. Many families will withdraw from the programs for which they’re eligible for—programs that help feed, house and keep them healthy. This means more kids in America will be at risk of hunger, of losing stable housing, of getting sick.
The impact won’t stop there. Local businesses—including grocery stores, medical offices, and hospitals—will feel the strain as families reduce their use of essential goods and services, creating ripple effects across communities.
Any policy that increases the risk of a child going hungry is bad for our country and Share Our Strength will continue to fight to protect all children and families.”
Statement of Kica Matos
President, the National Immigration Law Center
“The Trump administration’s regressive plan to reinstate an outdated public charge wealth test is yet another attack designed to sow fear and confusion in immigrant communities. Trump’s obsession with public charge is horribly consistent with his vision to remake the U.S. into a country where only the white and wealthy belong and can get ahead. At a time when too many American families are going hungry, this latest Trump effort to further privilege the rich would not only take our country backward, but also puts at risk our collective health and well-being. NILC will fight to defeat Trump’s new public charge scheme, just as we did during his first term.”
Statement of Mona Shah
Senior Director of Policy and Strategy, Community Catalyst
“Everyone deserves to be healthy, safe, and able to care for their families — no matter where they were born. DHS’ new public charge guidance sends a dangerous message: that a person’s access to health benefits make them less worthy of entry or belonging. It fuels fear and confusion, keeps people from seeking care or the status they qualify for, and deepens harm in communities already targeted by racism, xenophobia, and ableism. We also reject the false idea that expanding access to care for immigrants takes resources from anyone else. When people can get preventive care, manage chronic conditions, and support their families, it strengthens public health and creates more stability for all of us. Community Catalyst will continue working with immigrant justice partners to oppose harmful public charge policies and advance fairness, dignity, and health for every community.”
Statement of Wendy Chun-Hoon
President and Executive Director of the Center for Law and Social Policy
“This is yet another cruel attempt by the Trump Administration to sow fear and confusion among immigrant communities, deterring them from accessing critical services and supports, like seeking health care and food assistance essential to their well-being and that of their children. Providers who serve all communities will be forced yet again to struggle in navigating this ever-changing policy environment, wasting time and resources. As was the case when the first Trump Administration proposed public charge changes, this new rule will lead to millions of families missing doctor’s appointments, disenrolling from programs they are eligible for, and further isolating themselves. Children in immigrant families, including U.S. citizens, will once again face long-term developmental harms, which our country will ultimately pay the price for.”
Statement of Crystal FitzSimons
President, Food Research & Action Center
“Eligible immigrant families should not be penalized for seeking vital assistance that will not only improve their health, nutrition, and well-being, but also lead to a more compassionate, productive, and thriving nation for all. Lawfully present immigrants must be able to safely access and benefit from federal nutrition programs without negative repercussions to their immigration status. We urge the administration to not return to draconian public charge rules and instead maintain the current policy, so eligible families can access much-needed food assistance with dignity and without fear.”
