Democrats Introduce Bill to Block Trump Administration’s Green Card Rule
Washington — Democratic lawmakers have introduced legislation aimed at blocking federal funding for enforcement of a Trump administration immigration rule that could make it more difficult for some immigrants who use public benefits to obtain green cards.
The bicameral Protect American Values Act was introduced Wednesday by Sens. Michael Bennet and Mazie Hirono and Rep. Judy Chu. The administration’s new “public charge” rule is scheduled to take effect Sept. 18.
The rule rescinds a 2022 Biden administration policy that excluded several non-cash benefits, including SNAP food assistance, Medicaid and housing aid, from consideration in public charge determinations.
Under U.S. immigration law, the public charge test allows authorities to consider whether an applicant is likely to become primarily dependent on government assistance. Such a determination can be used to deny entry to the United States or adjustment to lawful permanent resident status.
Democratic lawmakers said the new rule does not clearly specify which public benefits immigration officials may consider, potentially giving officers broader discretion when evaluating green card applications.
“This rule isn’t about securing our borders or more efficient spending; its purpose is to punish immigrants who only seek to make a better life for themselves and their families,” Bennet said.
“The Protect American Values Act sends a clear message that, as a nation, we will continue to stand up for our communities and fight this Administration’s inhumane efforts,” he added.
Chu said the policy could be broader than the public charge rule implemented during Trump’s first term because it does not explicitly identify which benefits may factor into a decision.
“Unlike the previous rule, this finalised policy does not even identify which benefits will be considered in a public charge test, giving Trump’s immigration officers sweeping discretion to deny green card applications based on subjective judgment instead of clear legal standards,” she said.
Supporters of the legislation warned that uncertainty surrounding the rule could discourage eligible immigrants from using health care, food assistance and other programs. They also said mixed-status households, including families with U.S. citizen children, could be affected.
Sen. Tim Kaine said most noncitizens are already ineligible for many federal benefits but argued that the new policy could allow officials to consider assistance received by an applicant’s U.S. citizen children or other relatives.
“We don’t have to imagine the negative consequences this policy will have on the health and well-being of our communities, because when President Trump previously instituted a similar policy, it led to widespread avoidance of medical care and other important programs, including among US citizen children,” Kaine said.
Sen. Tammy Duckworth also criticized the policy, saying, “Nobody should have to choose between receiving citizenship or going hungry.”
The bill is supported by 17 additional senators and dozens of House members. Indian American Reps. Pramila Jayapal and Raja Krishnamoorthi are among its co-sponsors.
If enacted, the measure would prohibit federal funds from being used to implement, administer or enforce the new public charge rule.
Public charge provisions have existed in U.S. immigration law for decades, but their interpretation has shifted between administrations, particularly over whether non-cash health, nutrition and housing benefits should be considered. The Trump administration adopted a broader standard during its first term, while the Biden administration narrowed the policy in 2022. (Source: IANS)
