WASHINGTON, CMC – Immigration leaders in the United States House of Representatives and the Senate have condemned President Donald J. Trump’s proposed rule that would punish Caribbean and other immigrant families for lawfully accessing health care and food assistance, among other benefits.
The legislative leaders submitted a formal regulatory comment to the US Department of Homeland Security (DHS) opposing the Trump administration’s proposed “Public Charge Ground of Inadmissibility” rule, warning that the proposal unlawfully rewrites longstanding immigration law and would deter Caribbean and other immigrant families from accessing basic health, nutrition, and housing assistance they are legally entitled to receive.
The comment was submitted by Congressman Jamie Raskin, Ranking Member of the House Judiciary Committee; Congresswoman Pramila Jayapal, Ranking Member of the Subcommittee on Immigration Integrity, Security, and Enforcement; Congressman Robert C. “Bobby” Scott, Ranking Member of the House Committee on Education and the Workforce; Senator Dick Durbin, Ranking Member of the Senate Judiciary Committee; Senator Alex Padilla, Ranking Member of the Subcommittee on Border Security and Immigration; and Senators Bernie Sanders and Ron Wyden.
The lawmakers said the proposed rule would circumvent the US Congress to alter the meaning of “public charge, a term that for more than 135 years has applied only to individuals who are primarily dependent on the government for subsistence.”
They warned that if an immigrant is determined to be likely to become a public charge, it can affect their eligibility to enter the United States.
“The Trump administration’s proposal would penalise immigrants for using supplemental benefits like health care, nutrition, or housing assistance that Congress deliberately made available to immigrant populations to support working families,” the legislators wrote.
“DHS is seeking to circumvent Congress by administratively altering the 135-year-old meaning of the term ‘public charge’ in violation of congressional intent,” they added. “Congress has deliberately rejected the very changes that DHS now seeks to implement administratively in complete defiance of our will and intent.”
The members said the US Congress has repeatedly revisited immigration law without ever redefining “public charge” to include the use of non-cash benefits.
They said that US federal agencies have long recognised that programs such as Medicaid, the Supplemental Nutrition Assistance Program (SNAP), and housing assistance are supplemental benefits that promote public health, food security, and housing stability, helping working families remain self-sufficient.
“DHS’s proposal would ignite widespread fear and confusion in immigrant communities, leading families to forgo medical care, nutrition assistance, and housing support even when they qualify under federal law,” the lawmakers said.
“DHS itself expressly concedes in the proposed rule that the policy could lead to worse health outcomes, increased poverty, housing instability, and greater use of emergency rooms for basic care—harms that would extend well beyond immigrant households to communities nationwide,” they added.
The leaders said Congress has “consistently made decisions about immigrants’ access to public benefits through eligibility rules, not by barring people from adjusting their immigration status for using those benefits.”
They said that recent legislation, including the 2025 reconciliation law, “deliberately preserved access to key programs for certain immigrant populations.”
For these reasons, the members urged the Trump administration to “abandon the rule and maintain the 2022 regulations that reflect congressional intent, protect public health, and ensure that families are not punished for using lawful, life-sustaining assistance.”
Several New York City agencies have also condemned the proposed rule.
In a joint statement, the Department of Health and Mental Hygiene (DOHMH), Mayor’s Office of Immigrant Affairs, Health + Hospitals, and Department of Social Services affirmed New York City’s commitment to protecting the public services all New Yorkers have the right to, regardless of immigration status.
The statement was signed by Michelle Morse, MD, MPH, acting commissioner, NYC Department of Health and Mental Hygiene; Manuel Castro, commissioner, NYC Mayor’s Office of Immigrant Affairs; Mitchell Katz, MD, president and CEO, NYC Health + Hospitals; and Molly Wasow Park, commissioner, NYC Department of Social Services.
The agencies said Caribbean and other immigrant New Yorkers are “essential to the city’s strength and future.”
They noted that, under federal law, immigration officials can deny specific applications for lawful permanent residence, or “green card, if they determine that the applicant is likely to become a “public charge.”
But they said that the new proposed rule “seeks to rescind existing clear guidance that limits the use of this public charge test.
“The federal government’s proposed public charge rule would bring devastating consequences for immigrant New Yorkers,” the agencies warned. “It would punish immigrants for using lifesaving programs and services such as Medicaid, public housing assistance, and the Supplemental Nutrition Assistance Program (SNAP), by putting their ability to obtain permanent immigration status at risk.
“We strongly condemn this proposed public charge rule, especially as immigrants increasingly face challenges to their due process,” they said. “The proposed rule would eliminate existing guidance for federal immigration officials, giving them broad discretion to deny an immigrant the opportunity to adjust their status if they use public benefits.
“By the federal government’s own admission, this proposed rule will reduce access to public benefits, worsen health outcomes, and continue an anti-immigrant agenda,” they added. “Immigrant New Yorkers are essential to the city’s strength and future, and policies like this undermine the well-being of families who are vital to our communities and economy.
“All New Yorkers deserve access to health care, affordable food, and safe housing,” the agencies stressed. “We are monitoring the situation closely. We remain committed to serving every New Yorker, regardless of immigration or insurance status.”
New York City and NYC Health + Hospitals have also jointly submitted a formal written comment to US Citizenship and Immigration Services, opposing the proposed rule.
The city said the comment outlines the harm the rule would do to Caribbean and other immigrant New Yorkers and their families, including many US citizen children.
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