Sri Vijaya Puram, Aug. 7: US Democratic lawmakers have introduced legislation aimed at preventing federal funding from being used to implement the Trump administration’s new “public charge” rule, arguing that the policy could discourage immigrant families from seeking healthcare, food assistance and housing support. The proposal comes ahead of the rule’s scheduled implementation on September 18.
Representative Judy Chu and Senator Mazie Hirono introduced the Protect American Values Act, which seeks to prohibit the use of federal funds to implement, administer, enforce or otherwise carry out the new rule. Indian American lawmakers Pramila Jayapal and Raja Krishnamoorthi are among more than 50 members of the House of Representatives who have joined as co-sponsors.
According to Chu’s office, the new policy would make it more difficult for certain immigrants who receive government benefits to obtain green cards or adjust their immigration status. Under the public charge test, immigration authorities assess whether an applicant is likely to become primarily dependent on government assistance when considering applications for admission to the United States or lawful permanent residence.
The Trump administration’s rule replaces a 2022 policy introduced under the Biden administration, which stated that non-cash benefits, including Medicaid, food assistance through the Supplemental Nutrition Assistance Program (SNAP) and housing assistance, would not be considered in public charge determinations.
Critics argue that the revised rule does not identify which specific benefits immigration officers may consider, leaving broad discretion in decision-making and creating uncertainty for applicants. Chu said the policy allows immigration officers to reject green card applications based on subjective judgment rather than clearly defined legal standards.
The rule also removes a safeguard that prevented officers from considering benefits used by an immigrant’s family members. Opponents contend this could discourage US citizens and lawful permanent residents living in mixed-status households from accessing benefits for which they remain legally eligible.
Hirono said the absence of clear guidance could spread fear among immigrant communities and prevent eligible families from accessing essential services. The legislation has received endorsements from more than 100 organisations, including the American Academy of Pediatrics, Asian Americans Advancing Justice, the National Immigration Law Center, Stop AAPI Hate and the National Women’s Law Center Action Fund.
Wendy Cervantes of the Center for Law and Social Policy said research consistently shows that concerns about immigration consequences lead many eligible families to avoid essential programmes, potentially affecting children’s health and development. The term “public charge” has long existed in US immigration law and allows authorities to deny admission or permanent residence in certain cases where an applicant is considered likely to depend primarily on public support.
