More than 125 Democrats in Congress asked President Donald Trump and the Department of Homeland Security to withdraw a proposed rule affecting how public benefit use is weighed in green card decisions.
The Hill reported that the proposal would rescind the Biden administration's 2022 public charge rule, which limited denials to applicants primarily dependent on government cash assistance or long-term institutional care.
Democrat lawmakers argue that removing the existing definition could create uncertainty for potential immigrants.
They said the change could lead some green card applicants to avoid applying if they believe past or current reliance on government assistance could negatively affect their case.
The lawmakers emphasized that the concern is about applicant decision-making rather than eligibility for benefits.
Under federal law, most non-U.S. citizens seeking green cards are not eligible for programs such as Medicaid or food assistance, while U.S. citizen children qualify independently of a parent's immigration status.
In formal comments obtained by The Hill, 127 Democrat lawmakers said the proposal removes guidance immigration officers rely on when making public charge determinations.
They argue that without clear standards, officers could reach inconsistent conclusions or consider factors not authorized by Congress.
The lawmakers also raised concerns that applicants could be judged based on lawful conduct that occurred when benefit use was explicitly stated to have no immigration consequences.
The public comment period on the proposal runs through Jan. 20, after which DHS could finalize the rule.
If finalized as written, the Trump administration would not provide a formal definition of public charge, leaving determinations to individual adjudicators.
Democrats argue this approach could lead to uneven enforcement across cases.
Supporters of the rule change note that it specifies weighting an application based upon "all pertinent facts and align with long-standing policy that aliens in the United States should be self-reliant and government benefits should not incentivize immigration.”
About 1 in 5 Americans is enrolled in Medicaid, and 1 in 8 receives food assistance through the Supplemental Nutrition Assistance Program.
Eligibility for these programs is limited by citizenship and immigration status, with coverage for noncitizens restricted and often dependent on state participation.
During Trump's first term, a 2019 public charge rule expanded the types of public benefits that could be considered in green card decisions.
The current proposal argues the Biden-era rule restricted DHS officers from fully evaluating whether an applicant could become dependent on government assistance.
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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