125+ Democrats Urge Trump to Revoke Rule Threatening Immigrant Applicants
Members of the immigrant community lead by CHIRLA (Coalition for Humane Immigrant Rights) hold a community vigil to defend immigrant rights, a day after President Donald Trump has been inaugurated, outside the Immanuel Presbyterian Church in Los Angeles Tuesday, Jan. 21, 2025. (AP Photo/Damian Dovarganes)
Over 125 Democrats in Congress have demanded President Donald Trump and the Department of Homeland Security withdraw a proposed rule affecting how public benefit use is weighed in green card decisions.
The proposal would reverse 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 this existing definition could create uncertainty for potential immigrants. They state the change might 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 emphasize the concern relates solely to applicant decision-making, not eligibility for benefits under federal law. Most non-U.S. citizens seeking green cards are ineligible 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 via submissions from legislators, 127 Democratic representatives noted the proposal removes guidance immigration officers rely on when making public charge determinations. They contend that without clear standards, officers could reach inconsistent conclusions or consider factors not authorized by Congress.
The lawmakers also raised concerns that applicants might be judged based on lawful conduct that occurred when benefit use was explicitly stated to have no immigration consequences.
The public comment period for the proposal runs through January 20, after which DHS may finalize the rule. If enacted 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 it specifies weighting an application based on “all pertinent facts” and aligns with long-standing policy that aliens in the United States should be self-reliant and government benefits should not incentivize immigration.
Approximately one in five Americans is enrolled in Medicaid, and one in eight receives food assistance through the Supplemental Nutrition Assistance Program. Eligibility for these programs is limited by citizenship and immigration status, with noncitizen coverage often restricted and dependent on state participation.
During Trump’s first term, a 2019 public charge rule expanded the types of public benefits considered in green card decisions. The current proposal argues that the Biden-era rule restricted DHS officers from fully evaluating whether an applicant could become dependent on government assistance.
