The Valley Chronicle - Padilla, 126 Lawmakers Urge DHS to Withdraw Public Charge Proposal That Would Harm Immigrants, Citizen Children, and Public Health

WASHINGTON, D.C. — U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Judiciary Immigration Subcommittee, co-led 126 lawmakers, including 16 other Senators and 110 Representatives, in urging the Department of Homeland Security (DHS) to withdraw its proposed public charge rule, warning it would harm U.S. citizen children, immigrant communities, and public health systems nationwide. The letter was co-led by Senators Mazie Hirono (D-Hawaii) and Cory Booker (D-N.J.), as well as Congressional Hispanic Caucus (CHC) Chair Adriano Espaillat (D-N.Y.-13), Congressional Asian Pacific American Caucus Chair Grace Meng (D-N.Y.-06), Democratic Women’s Caucus Chair Teresa Leger Fernández (D-N.M.-03), Congressional Black Caucus Chair Yvette Clarke (D-N.Y.-09), and CHC Vice Chair of Policy Robert Menendez (D-N.J.-08) in the House.

“Public charge” is a ground of inadmissibility to the United States, under which an immigration officer determines whether an immigrant is likely to become primarily dependent on the government for future assistance. The Trump Administration’s proposal would rescind the clear 2022 public charge regulations and replace them with vague, undefined standards, leading to arbitrary decision-making, fear, and widespread confusion. Past public charge expansions have driven families, including those with U.S. citizen children, away from lawful access to health care, nutrition, and early childhood programs.

“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,” wrote the lawmakers.

“The chilling effects triggered by expansions of public charge interpretation are well-documented and severe. Research following [past public charge restrictions] showed that confusion about eligibility led large numbers of eligible immigrant families — including U.S. citizen children — to forego health insurance, nutrition supports, and early childhood programs vital to healthy development,” continued the lawmakers.

The lawmakers argued that the proposal contradicts Congressional intent, undermines the rule of law, and risks triggering a massive chilling effect that would worsen child health outcomes, increase food insecurity, and shift costs to states and local governments. The members urged DHS to withdraw the proposal in full and maintain the 2022 regulations, which provide clarity, fairness, and consistency for families and adjudicators alike.

Padilla also joined Senate and House immigration leaders in a separate formal regulatory comment to DHS opposing the public charge rule, warning that the proposal unlawfully rewrites longstanding immigration law and would deter immigrant families from accessing basic health, nutrition, and housing assistance they are legally entitled to receive.