Democrats move to block Trump green card rule

Democratic lawmakers have introduced legislation to block federal funds from being used to enforce a Trump administration rule that could make it harder for immigrants who use certain public benefits to obtain green cards.

The bicameral Protect American Values Act was introduced on Wednesday by Senators Michael Bennet and Mazie Hirono and Congresswoman Judy Chu. The administration’s “public charge” rule is scheduled to take effect on September 18.

The finalised rule rescinds a 2022 Biden administration policy. That policy said non-cash benefits, including food assistance under SNAP, Medicaid and housing aid, could not be considered in public charge decisions.

The public charge test allows immigration authorities to assess whether an applicant is likely to become primarily dependent on government support. Such a finding may be used to deny admission to the United States or adjustment to lawful permanent resident status.

The new rule does not provide clear guidance on which public benefits may be considered, according to the lawmakers. They said it could give immigration officers broad discretion in reviewing 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 was broader than the public charge rule imposed during Trump’s first term.

“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.

The lawmakers warned that the uncertainty could deter eligible immigrants from using government assistance. They said it could also affect US citizens and lawful permanent residents living in mixed-status families.

Senator Tim Kaine said most noncitizens were already ineligible for public benefits. He argued that the rule could allow officials to consider the use of benefits by an immigrant applicant’s US 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.

Senator Tammy Duckworth said no one should be forced to choose between immigration status and basic needs. “Nobody should have to choose between receiving citizenship or going hungry,” she said.

The legislation is backed by 17 other senators and dozens of House members. Indian American lawmakers Pramila Jayapal and Raja Krishnamoorthi are among its House co-sponsors. The measure would prohibit federal money from being used to implement, administer or enforce the rule.

Public charge provisions have long existed in US immigration law. Their interpretation, however, has shifted between administrations, particularly over whether non-cash health, nutrition and housing benefits should influence immigration decisions.

Trump adopted a broader public charge policy during his first term. The Biden administration later restored a narrower standard in 2022, excluding several non-cash benefits from consideration. The latest rule again places the issue at the centre of the US immigration debate.