January 8, 2026

 

The Trump administration’s proposed changes to how public-charge assessments are made has major implications for immigrant families and the broader safety-net system. By rescinding existing regulatory guidance and expanding immigration officers’ discretion in determining who is likely to become a public charge, the proposed rule likely will cause many families, including with U.S.-citizen children, to forgo the use of public benefits for which they are eligible out of fear of triggering a negative immigration consequence.

As a new short read out today notes, the federal government acknowledges that the proposed rule could lead to worse health outcomes, increased poverty, housing instability, lower educational attainment, and reduced worker productivity.

Evidence from a public-charge rule change during the first Trump term indicates that policy uncertainty and fear of immigration consequences led many immigrant families to avoid public benefits for which they were eligible, including food, health, and cash assistance programs.

By removing clear standards on which federal programs could be considered in a public-charge assessment, the proposed rule leaves open the possibility that even use of Head Start, free school lunch, care at Community Health Centers, or other programs could hurt future green-card applications.

While most immigrants who are eligible for public benefits are U.S. citizens or have a green card—and thus would not be subject to a public-charge test—the reality is the complexity around benefits eligibility and immigration law likely means significant numbers would forgo benefits use.

The Department of Homeland Security (DHS) “acknowledges the proposed rule could harm the health and well-being of children and families. If the Trump administration wanted to reduce these harms, it could clarify that children’s benefits usage will not be used against parents, or that use of certain basic health, education, and housing programs would not be considered,” the short read notes.

Read it here: www.migrationpolicy.org/news/trump-public-charge-discretion.

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The Migration Policy Institute is an independent, non-partisan, non-profit think tank in Washington, D.C. dedicated to analysis of the movement of people worldwide. MPI provides analysis, development and evaluation of migration and refugee policies at the local, national and international levels. For more on MPI, please visit www.migrationpolicy.org.

 

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