Hirono, Chu Introduce Bicameral Legislation to Block Trump Administration’s So-Called “Public Charge” Rule

WASHINGTON, D.C. - Today, U.S. Senator Mazie K. Hirono (D-HI) and U.S. Representative Judy Chu (D-CA) introduces the Protect American Values Act, legislation that would prevent federal funds from being used to implement, administer, enforce, or otherwise carry out the Trump Administration's finalized "public charge" rule. Scheduled to take effect on September 18, 2026, the rule would make it more difficult for immigrants who rely on certain government benefits to obtain green cards or adjust their immigration status.

"By removing any guidance for what qualifies as 'public charge' the Trump Regime's rule creates fear and prevents immigrants and their families from accessing services they need-even if they are still entitled to them. In making the pathway to attaining a green card more confusing, the anti-immigrant ideology of this regime is abundantly clear," said Senator Hirono. "The Protecting American Values Act ensures that American tax dollars cannot be used for promoting the anti-American principles the Trump Regime is attempting to implement.

"Donald Trump is once again weaponizing our immigration system against families who are simply trying to build better lives in America," said Representative Chu. "His revived 'Public Charge' rule is even more expansive and harmful than the version from his first term, when it was ultimately struck down in court. Unlike the previous rule, this finalized policy does not even identify which benefits will be considered in a public charge test, giving Trump's immigration officers sweeping discretion to deny green card applications based on subjective judgement instead of clear legal standards. We know exactly what the result will be. Millions of immigrants and mixed-status families will be forced to choose between putting food on the table, getting health care, keeping a roof over their heads, or protecting their future in America. And when families are driven away from health care, nutrition assistance, and other basic services they are legally entitled to, every community pays the price through worse health outcomes, greater strain on providers, and a weaker economy. It is cruel, it is arbitrary, and it is fundamentally un-American. That is why I am proud to reintroduce the Protect American Values Act with Senator Hirono to ensure not a single federal dollar can be used to implement this shameful policy."

The Trump Administration's finalized rule rescinds the Biden Administration's 2022 reinstatement of the longstanding public charge policy, which made clear that the use of non-cash public benefits-including SNAP, Medicaid, and housing assistance-could not be considered when making public charge determinations. The public charge test is intended to determine whether an individual is likely to become primarily dependent on the government for support and use that as grounds for denying admission to the United States or adjustment of lawful permanent resident status.

This new rule's open-ended approach will have a massive chilling effect on the lawful use of benefits by legal permanent residents and even U.S. citizens. As noncitizens do not know which public benefits could result in a green card denial, many will likely avoid using any means-tested public benefits despite their eligibility. Furthermore, because this new rule removes the bright-line limitation on adjudicators considering benefit use by the immigrants' family members, the new rule discourages the use of public benefits by U.S. citizens and legal permanent residents in mixed-status families. While the Trump Administration claims this rule would result in reduced government spending, much of this saving will likely come from reduced benefits usage from U.S. citizens and children.

In addition to Senator Hirono, the Protecting American Values Act is cosponsored by U.S. Senators Michael Bennet (D-CO), Richard Blumenthal (D-CT), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Tim Kaine (D-VA), Patty Murray (D-WA), Alex Padilla (D-CA), Elizabeth Warren (D-MA), Ron Wyden (D-OR), Ed Markey (D-MA), Bernie Sanders (I-VT), Cory Booker (D-NJ), Chris Coons (D-DE), Jeff Merkley (D-OR), and Adam Schiff (D-CA).

"Since the beginning of his second term, President Trump has normalized cruel immigration policies and stoked fear across immigrant communities," said Senator Bennet. "This rule isn't about securing our borders or more efficient spending, its purpose is to punish immigrants who only seek to make a better life for themselves and their families. The Protect American Values Act sends a clear message that, as a nation, we will continue to stand up for our communities and fight this Administration's inhumane efforts."

"It's already law that most noncitizens are not eligible for public benefits. Yet the Trump-Vance Administration, hellbent on terrorizing immigrants, is now trying to hurt their U.S. citizen children and family members by allowing low-level adjudicators to weaponize those citizens' use of any public benefits against their noncitizen families when they apply for green cards," said Senator Kaine. "We don't have to imagine the negative consequences this policy will have on the health and well-being of our communities, because when President Trump previously instituted a similar policy, it led to widespread avoidance of medical care and other important programs, including among U.S. citizen children. I urge my colleagues to join us in stopping this horrible move in its tracks."

"Trump's 'public charge' rule is a yet another cruel, un-American assault on immigrants and their families," said Senator Duckworth. "As the daughter of an immigrant who relied on food stamps to survive, I'm proud to join my colleagues in pushing back on this heartless rule. Nobody should have to choose between receiving citizenship or going hungry."

To read the full text of the bill, click here.

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