Washington, DC – Today, the Trump administration proposed a rule that would end the Biden administration’s public charge policy, a reversal that – if implemented – will reignite fear and confusion for immigrant families nationwide. The Department of Homeland Security (DHS) says it wants to rely on the discretion of individual immigration officials.
This move is designed to create confusion and uncertainty
“This move is designed to create confusion and uncertainty. The courts have determined that public charge has a very narrow meaning and that it does not apply to benefits like health care that everyone inevitably needs at some point in their life. But now, immigration officials are sure to make inconsistent and arbitrary decisions, forcing families to guess at what programs may or may not count,” said Sarah Grusin, Senior Attorney at the National Health Law Program. “This is yet another breach of trust that will push families back into the shadows and deter them from seeking health care. NHeLP and our partners will fight to stop these harmful changes to public charge, just as we did during Trump’s first term.”
The current Biden-era rule’s definition of “public charge” assures families that immigration officials will not count most public benefits. Under the current rule, only cash assistance for income maintenance and government-funded long-term institutional care are considered in public charge determinations, meaning use of programs like most Medicaid, nutrition assistance, and housing support do not threaten an individual’s immigration status.
During the previous Trump administration, changes to the definition of public charge went well beyond the settled, historic understanding of public charge, causing widespread fear in immigrant communities and leading many to withdraw from or avoid enrolling in public programs, even when they or their children were fully eligible.
We urge government officials to act swiftly to provide clarity, and we encourage advocacy organizations to remain vigilant in combating misinformation. Immigrant families deserve safety, dignity, and the freedom to access care without fear.
