CDF submitted several comments to the federal government cautioning the proposal would deter families from accessing healthcare and nutrition assistance while exposing millions of children in immigrant families to arbitrary green card denials.
Media Contact: John Henry, jhenry@childrensdefense.org, CDF Media Relations Manager, 708-646-7679
WASHINGTON, DC—Children’s Defense Fund (CDF) opposes a U.S. Department of Homeland Security (DHS) proposal that could change a long-standing policy used to determine some immigrants’ eligibility for Lawful Permanent Resident status.
This week, Children’s Defense Fund and two of its state offices, Children’s Defense Fund-Texas (CDF-TX) and Children’s Defense Fund-New York (CDF-NY) submitted formal comments to DHS expressing concerns about the department’s plan to rescind current regulations governing how the “public charge” inadmissibility test is applied to lawfully present immigrants seeking Lawful Permanent Resident status, commonly known as a “green card.” Public charge determines whether immigrants may be denied a green card because they are likely to become primarily dependent on the government for subsistence, based, in part, on their use of cash assistance for income maintenance or long-term, institutionalized care at government expense.
In 2022, DHS put safeguards in place to prevent arbitrary or biased green card decisions tied to an immigrant’s use of health or social services. The Trump administration’s new proposal would remove those protections, exposing lawfully present immigrants to denials driven by systemic bias. It would also dramatically expand the list of basic needs programs that can be considered in deciding whether someone is a public charge, deterring eligible families from enrolling in public benefits programs that lift children out of poverty and support their well-being.
The Federal Register is accepting public comments on DHS’s proposed rule change through Friday, December 19. After the comment period closes, if DHS moves forward with its proposed policy change, then the Administrative Procedure Act requires DHS to consider and address the concerns raised in these comments when it publishes its final rule.
The comments submitted by CDF, CDF-TX, and CDF-NY all highlight the devastating impact this policy change could have on access to health care, nutrition assistance, and other vital supports for millions of children across America—including U.S. citizens—who live in immigrant families. Nearly 2.5 million children in Texas alone could be impacted.
“The ambiguity that results from the proposed rule will cause chaos for both families and the advocates and service providers that work alongside them,” said CDF Public Policy Director Lauren Reliford, MSW. “The proposed rule will also create fear—not only in the immigrant community, but among many U.S. citizens, especially Black and brown communities—and will have a chilling effect on U.S. citizen children’s access to health care, nutrition assistance, and other vital resources.”
CDF-TX’s comment warns that in addition to opening the green card application review process to arbitrary denials and political bias, the proposal creates confusion that threatens the health and well-being of Texas families and communities.
“This proposal is a direct assault on lawfully present immigrants and U.S. citizens in immigrant families, and a threat to our state’s health and economic security,” said CDF-Texas Senior Administrator of Policy and Advocacy Trudy Taylor Smith, Esq. “We know from past experience that these kinds of policy decisions cut off eligible children from the public benefits programs they need to thrive, and it’s essential that our state’s congressional delegation protect Texas communities from this dangerous proposal.”
CDF-NY’s comment notes that more than 1.4 million children in New York State have at least one immigrant parent, and nearly 90 percent were born in the United States. Many of these U.S. citizen children rely on early preventive health care and other publicly funded supports, such as SNAP and early education, to grow and thrive.
“U.S. citizen children from mixed-status households have been suffering from the chilling effect of the public rule, as the proposed changes will further increase poverty, lack of early education and health outcomes for millions of children. These children deserve a chance to fulfill their full potential,” said CDF-NY State Policy Manager Juan Diaz.
While standing policy considers whether applicants for U.S. permanent residence have used cash assistance or have gotten nursing home care through Medicaid, DHS now proposes to make public charge determinations based on an applicant’s use of any health or social services program. The proposal does not specify the programs the administration will consider, noting instead that further guidance will come later, without the benefit of input from the American people.
A related Trump public charge regulation implemented in February 2020 was ruled illegal by a federal court and struck down in March 2021. While the 2020 regulation’s technical application was limited to a small number of lawfully present immigrants applying for green cards, the deterrent “chilling effect” was much broader. This chilling effect resulted from misinformation, and disinformation from the administration, leading millions of lawfully present immigrants, and U.S. citizens to avoid seeking help and care for which they qualified under federal law.