More than 125 congressional Democrats are urging the Trump administration to withdraw a proposed immigration rule. The rule would allow officials to deny green cards to individuals who use public assistance. This includes benefits like Medicaid or food stamps.
Rep. Adriano Espaillat said the proposal "punishes families for caring for their children." He warned that it would scare parents away from essential health care and nutrition. He believes the shift would put U.S. citizen children at risk.
The Department of Homeland Security wants to rescind a 2022 Biden-era rule. That previous policy used a narrow definition of "public charge." It only focused on those primarily dependent on cash assistance or long-term care.
DHS now argues that the previous policy is a "straitjacket" on immigration officers. They want broader discretion to consider all factors of an applicant's financial situation. This would move away from the "primarily dependent" factor used recently.
Opponents fear this change will lead to widespread green card rejections. They worry it creates a "chilling effect" where families avoid help they legally qualify for. The lawmakers say the rule creates immediate and widespread uncertainty for immigrant communities.
Rep. Jamie Raskin and Sen. Dick Durbin also submitted formal comments against the plan. They argued that the term "public charge" has historically meant a ward of the state. They claim the new proposal ignores over a century of legal interpretation.
The Democrats also warned that the rule could penalize people for past conduct. They noted that families used these programs when the government said it was safe to do so. They argue the rules should not shift without warning for vulnerable groups like refugees.
The Trump administration previously issued a similar public charge rule in 2019. That version instructed officers to reject applicants who utilized various public programs. This latest move signals a return to that more restrictive immigration stance.