Immigration Advocates Condemn Trump’s ‘Reckless, Dangerous’ Public Charge Rule Change

NEW YORK, New York – Immigration advocates have condemned as “reckless” and “dangerous” the Trump administration’s change to the public charge rule in determining whether immigrants are eligible to become citizens, adjust status, or be admitted to the United States based on the likelihood of becoming a public charge.

The US Department of Homeland Security (DHS) announced on Thursday that it would be implementing the change and that the new policy will be published on Monday, July 20, in the Federal Register.

The new policy rescinds the Biden Administration’s public charge rule, in effect since December 23, 2022, which limited public charge determinations to an applicant’s use of cash assistance or long-term government-funded institutional care.

However, the Trump administration’s new rule will significantly expand the scope of DHS review, including consideration of an applicant’s–or the applicant’s family members’–continued use of a wide range of health or social service programs that the administration disfavors when reviewing applications.

“No one should have to choose between putting food on the table and their legal status. The changes to the public charge rule represent a dangerous step backward that will harm New Yorkers, who are already living with instability, insecurity, and fear,” said Murad Awawdeh, President and CEO of the New York Immigration Coalition (NYIC).

“Too many families will avoid accessing necessary programs they are clearly eligible for out of fear that doing so could jeopardize a family member’s ability to change their immigration status. When families are forced to skip meals, avoid visits to the doctor, or withdraw from lifesaving programs that keep children healthy and housed, entire communities suffer.”

Awawdeh, whose umbrella organization includes over 200 immigrant and refugee groups in New York State, told the Caribbean Media Corporation (CMC) that it’s critical that individuals and families consult legal advocates who understand the rule before making any decisions about applying for immigration benefits or disenrolling or not applying for public programs that could be essential to their well-being.

The co-executive director of Make the Road New York, Rebecca Telzak, said, the Trump administration is doing everything in its power to make simply existing as a working-class immigrant in this country as difficult as possible.

“This rule comes the same week as ICE (US Immigration and Customs Enforcement) gunned down two fathers in their cars. The intent is clear: to use the weight of the federal government to terrorize immigrant communities and force families to renounce survival services and programs, fearing their families could be ripped apart.

“This is a devious method to bar eligible people from adjusting their immigration status and preventing US citizen children from obtaining benefits they are entitled to. We denounce this racist wealth-based system being led by this administration,”   Telzak said.

Last December, there was widespread condemnation of Trump’s proposed rule that would punish immigrant families for lawfully accessing health care and food assistance, among other benefits.

They warned that if an immigrant is determined likely to become a public charge, it can affect their eligibility to enter the United States.

“The Trump administration’s proposal would penalize immigrants for using supplemental benefits like health care, nutrition, or housing assistance that Congress deliberately made available to immigrant populations to support working families.

“DHS is seeking to circumvent Congress by administratively altering the 135-year-old meaning of the term ‘public charge’ in violation of congressional intent,” they added. “Congress has deliberately rejected the very changes that DHS now seeks to implement administratively in complete defiance of our will and intent,” US legislators said.

Several New York City agencies had also condemned the proposed rule.

In a joint statement, the Department of Health and Mental Hygiene (DOHMH), Mayor’s Office of Immigrant Affairs, Health + Hospitals, and Department of Social Services affirmed, on December 23, New York City’s commitment to protecting the public services all New Yorkers have the right to, regardless of immigration status.

The agencies said immigrant New Yorkers are “essential to the city’s strength and future” adding that under federal law, immigration officials can deny certain applications for lawful permanent residence, or “green card”, if they determine that the applicant is likely to become a “public charge.”

But they said that the new proposed rule “seeks to rescind existing clear guidance that limits the use of this public charge test.

“The federal government’s proposed public charge rule would bring devastating consequences for immigrant New Yorkers,” they said, adding “ we strongly condemn this proposed public charge rule, especially as immigrants increasingly face challenges to their due process”.