A total of 127 Democrats in Congress are urging the Department of Homeland Security (DHS) to withdraw a rule that would open the door to denying a Green Card to those who use public benefits such as Medicaid or food stamps.

President Trump's latest attempt to abolish the so-called public charge rule It would overturn the Biden-era version of the rule, which in 2022 returned the country to long-standing criteria that allowed for the denial of Green Cards to those “primarily dependent” on government assistance, such as those who received cash assistance or childcare help. By repealing the rule without offering a replacement, critics fear that Trump is opening the door to widespread Green Card denials for those who would otherwise qualify, while simultaneously discouraging immigrants from seeking assistance for which they might qualify. “The proposed public charge rule will create great uncertainty, nonsense and arbitrary outcomes for individuals applying for permanent residence or admission to our country, and undue prejudice to American citizens,” the members of Congress wrote, led by Congressional Hispanic Caucus Chairman Adriano Espaillat; CAPAC Chairwoman Grace Meng; and Democratic Women's Caucus Chairwoman Teresa Leger Fernandez. Congressional Black Caucus Chair Yvette Clarke; CHC Policy Vice Chair Representative Robert Menendez in the House of Representatives; and Senators Mazie Hirono, Alex Padilla, and Cory Booker in the Senate. In that regard, they state that previous expansions of the public charge rule have deprived families, including those with US citizen children, of legal access to health care, nutrition, and early childhood programs. “The chilling effects of these expansions of the public charge interpretation are well-documented and serious.” Subsequent research on [the previous public charge restrictions] demonstrated that confusion over eligibility led large numbers of eligible immigrant families, including children with US citizenship, to provide health insurance, nutritional supports, and early childhood programs vital for healthy development,” the legislators wrote. The letter argues that the proposal contradicts the intent of Congress,undermines the rule of law, and risks triggering a massive intimidation effect that would worsen children's health outcomes, increase food insecurity, and shift costs to state and local governments. Members urge DHS to withdraw the proposal entirely and maintain the 2022 regulations, which provide clarity, fairness, and consistency for both families and adjudicators. It is estimated that approximately 1 in 5 Americans is enrolled in Medicaid, while approximately 1 in 8 percent receive food stamps. The programs are available only to those legally present in the United States, and with Medicaid, immigrants only They can receive care if their state has agreed to cover the cost.

Under the 2019 public charge rule, developed during the first Trump administration, immigration officials were instructed to reject applicants who used any number of public programs.