WASHINGTON — A group of 127 U.S. lawmakers has urged the Trump administration to withdraw a proposed overhaul of the “public charge” rule, warning that the move could inject widespread uncertainty into the legal immigration system, particularly for families transitioning from H-1B visas to permanent residency.
In a letter sent to the Department of Homeland Security, 110 members of the House of Representatives and 17 senators called on the administration to abandon the proposal and retain the existing 2022 public charge regulations, arguing that the current framework provides clarity, fairness, and consistency for both immigrant families and immigration officials.
“The proposed public charge rule will lead to mass uncertainty, disparate and arbitrary outcomes for individuals applying for permanent status or admission into our country, and undue harm to U.S. citizens,” the lawmakers wrote in the December 19 letter, a copy of which was released Tuesday.
The letter was led in the House by Congressional Asian Pacific American Caucus Chair Grace Meng, Congressional Hispanic Caucus Chair Adriano Espaillat, Democratic Women’s Caucus Chair Teresa Leger Fernandez, Congressional Black Caucus Chair Yvette Clarke, and Representative Robert Menendez. In the Senate, the effort was led by Senators Mazie Hirono, Alex Padilla, and Cory Booker.
Three Indian American lawmakers — Representatives Raja Krishnamoorthi, Ro Khanna, and Pramila Jayapal — were among the signatories.
According to the letter, the administration’s proposal would rescind the 2022 public charge regulations and replace them with what lawmakers described as vague and undefined standards, leaving key determinations to shifting policy guidance and interpretive tools.
The lawmakers warned that such an approach would invite arbitrary decision-making, fuel fear among immigrant families, and undermine trust in the legal immigration system.
They also cautioned that discarding the existing framework without establishing a clear and lawful replacement would create immediate uncertainty for families seeking adjustment of status, including refugees, survivors of domestic violence or trafficking, and abused or neglected children — populations Congress has historically sought to protect from punitive public charge determinations.
“The chilling effects triggered by expansions of public charge interpretation are well-documented and severe,” the lawmakers wrote. They cited research showing that confusion surrounding previous public charge restrictions led many eligible immigrant families, including those with U.S.-citizen children, to forgo health insurance, nutrition assistance, and early childhood programs critical to healthy development.
The letter further argued that the proposal runs counter to long-standing interpretations of the Immigration and Nationality Act and risks discriminatory and uneven enforcement. Lawmakers also raised concerns that DHS could rely on undefined or potentially unlawful data-sharing practices with other government agencies, further weakening transparency and accountability in immigration decisions.
They warned that fear-driven policies would not only harm immigrant households but also shift costs to state and local governments, as reduced participation in preventive healthcare and nutrition programs could lead to higher uncompensated emergency care, poorer child health outcomes, and added strain on public health systems.
The concerns carry particular weight for employment-based immigrants facing long waits for permanent residency, a group dominated by Indian nationals navigating the H-1B-to-green-card process.
Indian professionals account for the largest share of employment-based green card backlogs and often remain on temporary visas for many years — sometimes more than a decade — while raising U.S.-citizen children. Lawmakers said uncertainty over how DHS might assess lawful or past use of public benefits could discourage families from seeking assistance they are legally entitled to receive.
The Department of Homeland Security has not yet publicly responded to the lawmakers’ request. (Source: IANS)
