By Rajwa Quasim
Leaders of four major democratic congressional caucuses issued a joint statement condemning the Department of Homeland Security’s (DHS) decision to unwind the 2022 public charge rule. They warned that the change will hand immigration officers discretion to deny green cards and visas based on applicants’ use of everyday public assistance programs.
The statement was signed by Congressional Asian Pacific American Caucus Chair Rep. Grace Meng (D-NY), Congressional Black Caucus Chair Rep. Yvette Clarke (D-NY), Congressional Hispanic Caucus Chair Rep. Adriano Espaillat (D-NY), and Democratic Women’s Caucus Chair Rep. Teresa Leger Fernández. In a press release, they accused the Trump administration of “tearing down America’s legal immigration system brick by brick.”
READ: US launches $750 visa interview pilot for faster B-1/B-2 appointments (July 23, 2026)
They argue that the decision to unwind public charge rule will discourage many immigrant families, including those with U.S. citizen children from using essential services such as healthcare, nutrition assistance and early childhood programs, even if they are legally eligible. This would result in poorer health, increased food insecurity, and higher costs for state and local governments. Previously, when the policy was expanded in 2019, nearly half of the low-income immigrant families reported avoiding or giving up benefits they were entitled to because they feared it could affect their immigration status.
The chairs stated that under the revised policy, officers will be permitted to weigh a family’s use of non-cash, means-tested benefits — including Medicaid, nutrition assistance, and housing support — when deciding whether an applicant is likely to become a “public charge.” The caucus chairs called this “a stark departure from decades of practice, settled legal understanding, and congressional intent.”
The rescission, formally entered into the Federal Register on July 16 and published July 20, will take effect Sept. 18 and apply to applications submitted on or after that date, according to the U.S. Citizenship and Immigration Services. USCIS said the rule is meant to ensure that people seeking permanent residence “are able to support themselves and not dependent on taxpayer-funded government benefits.”
READ: Trump administration introduces $750 fast-track visa interview option (June 10, 2026)
The public charge policy was first implemented during President Donald Trump’s administration in 2020, as part of limiting legal immigration. This was later reversed by Joe Biden. He had narrowed public charge determinations to applicants likely to become primarily dependent on cash assistance or long-term, government-funded institutional care. Participation in non-cash, means-tested public benefit programs—including Medicaid, housing assistance, and nutrition assistance—did not affect the current public charge policy.
They argue that new rule exceeds what Congress authorized under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), neither sanctioned penalizing lawful use of non-cash benefits.