WASHINGTON (Diya TV) — Democratic lawmakers introduced legislation Wednesday that would prohibit federal funds from being used to implement the Trump administration’s new public charge rule.
Sens. Michael Bennet, D-Colo., and Mazie Hirono, D-Hawaii, and Rep. Judy Chu, D-Calif., introduced the Protect American Values Act. The bill would block federal funding used to implement, administer or enforce the rule.
The Department of Homeland Security finalized the public charge rule July 20. It is scheduled to take effect Sept. 18 and will apply to applications for admission made on or after that date and applications for adjustment of status filed on or after Sept. 18.
Federal immigration law allows officials to find certain applicants inadmissible if they are likely to become a public charge. Officers consider an applicant’s circumstances when making that determination.
The new rule rescinds most of the public charge regulations adopted by the Biden administration in 2022. Those regulations limited the types of public benefits immigration officers could consider.
Beginning Sept. 18, DHS officers will be allowed to consider an applicant’s receipt of any means-tested public benefits as one factor in a public charge determination. Officers may also consider factors required under federal immigration law and other circumstances relevant to the individual case.
Benefits received before Sept. 18 will continue to be evaluated under the 2022 rules. DHS also said benefits received by an applicant’s family members will not be considered unless the family member is separately applying for admission or adjustment of status.
USCIS is expected to issue additional guidance for officers before the rule takes effect.