John,
America benefits when legally present immigrants have clear, predictable rules as they work toward permanent residency. Clarity allows families to plan, work, and raise children with confidence -- contributing fully to their communities and the economy without fear that following the law will later be used against them. That clarity is now at risk.
Last month, the Department of Homeland Security (DHS) and U.S. Citizenship & Immigration Services (USCIS) issued a Notice of Public Rulemaking to rescind a Biden-era rule governing the “public charge” provision for immigrants lawfully applying for green cards.
The existing rule provides straightforward guidance about what does -- and does not -- count in determining whether an immigrant is likely to need cash assistance or long term care under Medicaid. Rescinding this rule would replace certainty with confusion for families trying to navigate the process responsibly -- especially regarding the eligibility of children for benefits.
DHS estimates the proposed change would reduce federal and state benefit programs by $9 billion each year. But since immigrants without green cards are already largely ineligible for benefits, nearly all of those reductions would come from U.S. citizens and lawful permanent residents.
Families would be deterred from using lawful, temporary supports that help kids stay healthy, fed, and ready to learn, even when those supports are fully allowed.
Click here to leave an official comment about the rule rescission before the deadline this Friday, December 19th at midnight. You may wish to make your comment unique by adding something about yourself – such as where you live, or your family story.
Rescinding the current “public charge” rule would open the door to the administration increasing its scrutiny of benefits used by family members, including U.S. citizen children who are legally entitled to them. Without clear guidelines, families are left guessing what might jeopardize their future.
Vague standards may result in families withdrawing from programs their children need: skipping doctor visits, avoiding nutrition assistance, or disengaging from public services altogether. In extreme cases, this mistrust can even spill over into a reluctance to contact emergency services, undermining public health and safety for everyone.
Immigrants pursuing green cards are not seeking shortcuts or special treatment. These families want to work, pay their taxes, raise children, and invest in their communities without fear that lawful choices will later be punished. Policies that inject confusion into the system harm not only immigrant families, but also the communities they are part of.
Remember to leave your official comment before Friday, December 19th, at midnight.
And thank you for speaking up for families -- and children -- who are here legally, in their pursuit of the American Dream.
- DFA AF Team
