Trump administration rule could further penalize immigrants for using benefits

The U.S. Citizenship and Immigration Services wants to expand a Biden-era policy known as public charge that could further curtail immigrants' use of public benefits.

That means that migrants' use of safety net programs, like the Supplemental Nutrition Assistance Program (SNAP) or Medicare, could be considered when determining whether they should be granted further legal status, such as a green card.

Homeland Security Department officials released a new proposed regulation this week that's set to be published in the Federal Register on Wednesday. It would rescind a Biden-era version of the public charge rule, and expand the scope of what public benefits may be considered by immigration officers, to any social or health services people may use.

"Rescission would restore broader discretion to evaluate all pertinent facts and align with long-standing policy that aliens in the United States should be self-reliant and government benefits should not incentivize immigration," the proposal states.

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Advocates were quick to criticize the proposal, arguing its new broad scope is too vague and could disincentivize the use of the benefits by immigrants who need them and qualify for them.

"This dangerous proposal puts the nation's health and economic wellbeing at risk," said Adriana Cadenas, executive director of the Protecting Immigrant Families Coalition. "By creating chaos and confusion, it deters lawfully present immigrants and U.S. citizens from seeking health care and help they need and qualify for under federal law."

Politics of social safety net programs

The proposed regulation from DHS comes as the Trump administration and Republicans in Congress are making false statements of rampant fraud in immigrants' use of social safety net programs.

People without legal status do not have access to SNAP, the healthcare marketplace, Medicaid and other public benefits.

Still, Congress recently applied further restrictions stripping health coverage and SNAP access from a range of lawfully present immigrants including refugees, asylum seekers and those with other humanitarian protections. It also cut funding from states that use their own funds to provide health care regardless of citizenship status.

The new rule proposed this week takes a broad approach that would also consider state-funded benefits in the review of immigrants' applications.

U.S. citizen children of noncitizens are still eligible for these programs.

Executive order targeted benefits

In February, Trump issued an executive order to end "all taxpayer-funded benefits for illegal aliens."

Trump's order is part of the administration's broader political messaging about Democrats and immigration. It came despite the lack of data to support the idea.

Only about 1% of over- or underpayments for SNAP were related to eligibility for citizenship. This data also does not indicate those without legal status were fraudulently using the program.

Trump in his first term had expanded the scope of benefits that could count as a "public charge" on someone's immigration record, and therefore make it harder for them to receive permanent status.

Public health providers said the regulation at the time created a chilling effect on immigrants being afraid to seek benefits they might have access to. The effect was exacerbated during the COVID-19 pandemic, when advocates said immigrants feared seeking health resources, such as getting medical care or using a food bank, out of concern that they would be considered a public charge for doing so.

In 2022, the Biden administration unveiled a new rule affecting immigrants and benefits that was similar to the regulation before Trump's 2019 revision. It meant that using benefits such as the SNAP, housing aid or transportation vouchers would not count against green card applicants.

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