Joint Statement from Democratic Caucuses on DHS Public Charge Rule

The Chairs of the Congressional Asian Pacific American Caucus (CAPAC) Chair Rep. Grace Meng (NY-06), Congressional Black Caucus (CBC) Chair Rep. Yvette Clarke (NY-09), Congressional Hispanic Caucus (CHC) Chair Rep. Adriano Espaillat (NY-13), and Democratic Women's Caucus (DWC) Chair Teresa Leger Fernández released the following joint statement on the Department of Homeland Security's (DHS) rescission of the 2022 public charge rule, which would provide immigration enforcement officers more discretion to deny applications based on an applicant's perceived likelihood of relying on public benefits:

"The Trump administration is tearing down America's legal immigration system brick by brick, making it harder for immigrants who have followed the rules to build a future in this country. DHS is gutting clear guidance on how to determine whether an individual is likely to become a public charge, instead leaving that determination wholly in the discretion of individual officers. Those officers will now be able to count a family's use of non-cash, means-tested benefits - like Medicaid, nutrition assistance, and housing support - in a public charge determination, a stark departure from decades of practice, settled legal understanding, and congressional intent.

"This cruel decision will trigger a massive chilling effect that discourages immigrant families - including U.S. citizen children - from lawfully accessing health care, nutrition, and early childhood programs they need and are eligible for. This will only result in poorer health outcomes for children, increased food insecurity, and higher costs placed on state and local governments. When this administration last expanded public charge in 2019, nearly half of immigrants in low-income families reported that they or a family member avoided or dropped benefits they were legally entitled to out of fear.

"Congress has repeatedly affirmed that the public charge standard must be administered with clarity, fairness, and consistency for families and adjudicators alike. As Caucus Chairs, we will not stop fighting to reverse this rule and ensure public charge is determined by clear, consistent factors as intended by Congress. The unchecked power of Trump's immigration goons must end."

Background:

The rescission of the 2022 public charge rule will take effect on September 18, 2026 and impact applications submitted on or after that date. Under the current rule, which reflects the standard that has governed public charge determinations for decades, participation in non-cash, means-tested public benefits, including Medicaid, housing, and nutrition programs, did not trigger public charge concerns.

Prior to this rescission, a public charge finding only applied to applicants likely to become primarily dependent on cash assistance for income maintenance or long-term government-funded institutional care. Beginning September 18, that longstanding practice will end. This is a sweeping expansion of who can be denied a green card or visa, and one that Congress never authorized in legislation governing immigration and public benefits like the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) or the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA).