Caribbean immigration advocates condemn Trump’s ‘reckless’ public charge rule change
Caribbean immigration advocates in New York on Thursday, July 16, strongly condemned as “reckless” and “dangerous” the Trump administration’s change to the public charge rule in determining whether Caribbean and other immigrants are eligible to become citizens, adjust status, or be admitted to the US based on the likelihood of becoming a public charge.
The US Department of Homeland Security (DHS) announced on Thursday that it will be implementing the change and that the new policy will be published on Monday, July 20, in the Federal Register.
The new policy rescinds the Biden Administration’s public charge rule, in effect since December 23, 2022, which limited public charge determinations to an applicant’s use of cash assistance or long-term government-funded institutional care.
However, the Trump administration’s new rule will significantly expand the scope of DHS review, including consideration of an applicant’s — or the applicant’s family members’ —continued use of a wide range of health or social service programs that the administration disfavors when reviewing applications.
“No one should have to choose between putting food on the table and their legal status. The changes to the public charge rule represent a dangerous step backward that will harm New Yorkers, who are already living with instability, insecurity, and fear,” Murad Awawdeh, President and CEO of the New York Immigration Coalition (NYIC), an umbrella organization of over 200 immigrant and refugee groups in New York State, told Caribbean Life.
“Too many families will avoid accessing necessary programs they are clearly eligible for out of fear that doing so could jeopardize a family member’s ability to change their immigration status,” he added. “When families are forced to skip meals, avoid visits to the doctor, or withdraw from lifesaving programs that keep children healthy and housed, entire communities suffer.
“It’s critical that individuals and families consult legal advocates who understand the rule before making any decisions about applying for immigration benefits or disenrolling or not applying for public programs that could be essential to their well-being,” Awawdeh continued.
Rebecca Telzak, co-executive director of Make the Road New York, another immigrant advocacy group, said “the Trump administration is doing everything in its power to make simply existing as a working-class immigrant in this country as difficult as possible.
“This rule comes the same week as ICE (US Immigration and Customs Enforcement) gunned down two fathers in their cars,” she said. “The intent is clear: to use the weight of the federal government to terrorize immigrant communities and force families to renounce survival services and programs, fearing their families could be ripped apart.
“This is a devious method to bar eligible people from adjusting their immigration status and preventing US citizen children from obtaining benefits they are entitled to,” Telzak added. “We denounce this racist wealth-based system being led by this administration.
“No one should be punished for accessing basic needs such as health care, food and housing,” she continued.
Last December, immigration leaders in the United States House of Representatives and the Senate condemned President Donald J. Trump’s proposed rule that would punish Caribbean and other immigrant families for lawfully accessing health care and food assistance, among other benefits.
The legislative leaders submitted a formal regulatory comment to the DHS on Dec. 22, opposing the Trump administration’s proposed “Public Charge Ground of Inadmissibility” rule, warning that the proposal unlawfully rewrites longstanding immigration law and would deter Caribbean and other immigrant families from accessing basic health, nutrition, and housing assistance they are legally entitled to receive.
The comment was submitted by Rep. Jamie Raskin, Ranking Member of the House Judiciary Committee; Rep. Pramila Jayapal, Ranking Member of the Subcommittee on Immigration Integrity, Security, and Enforcement; Rep. Robert C. “Bobby” Scott, Ranking Member of the House Committee on Education and the Workforce; Sen. Dick Durbin, Ranking Member of the Senate Judiciary Committee; Sen. Alex Padilla, Ranking Member of the Subcommittee on Border Security and Immigration; and Senators Bernie Sanders and Ron Wyden.
The lawmakers said the proposed rule would circumvent the US Congress to alter the meaning of “public charge,” “a term that for more than 135 years has applied only to individuals who are primarily dependent on the government for subsistence.”
They warned that if an immigrant is determined likely to become a public charge, it can affect their eligibility to enter the United States.
“The Trump administration’s proposal would penalize immigrants for using supplemental benefits like health care, nutrition, or housing assistance that Congress deliberately made available to immigrant populations to support working families,” the legislators wrote.
“DHS is seeking to circumvent Congress by administratively altering the 135-year-old meaning of the term ‘public charge’ in violation of congressional intent,” they added. “Congress has deliberately rejected the very changes that DHS now seeks to implement administratively in complete defiance of our will and intent.”
The members said the US Congress has repeatedly revisited immigration law without ever redefining “public charge” to include the use of non-cash benefits.
They said that US federal agencies have long recognized that programs such as Medicaid, Supplemental Nutrition Assistance Program (SNAP), and housing assistance are supplemental benefits that promote public health, food security, and housing stability to help working families remain self-sufficient.
“DHS’s proposal would ignite widespread fear and confusion in immigrant communities, leading families to forgo medical care, nutrition assistance, and housing support even when they qualify under federal law,” the lawmakers said.
The leaders said Congress has “consistently made decisions about immigrants’ access to public benefits through eligibility rules, not by barring people from adjusting their immigration status for using those benefits.”
They said that recent legislation, including the 2025 reconciliation law, “deliberately preserved access to key programs for certain immigrant populations.”
Several New York City agencies had also condemned the proposed rule.
In a joint statement, the Department of Health and Mental Hygiene (DOHMH), Mayor’s Office of Immigrant Affairs, Health + Hospitals, and Department of Social Services affirmed, on Dec. 23, New York City’s commitment to protecting the public services all New Yorkers have the right to, regardless of immigration status.
The statement was signed by Dr. Michelle Morse, the then-acting commissioner, NYC Department of Health and Mental Hygiene; Manuel Castro, commissioner, NYC Mayor’s Office of Immigrant Affairs; Dr. Mitchell Katz, president and CEO, NYC Health + Hospitals; and Molly Wasow Park, commissioner, NYC Department of Social Services.
The agencies said Caribbean and other immigrant New Yorkers are “essential to the city’s strength and future.”
They noted that, under federal law, immigration officials can deny certain applications for lawful permanent residence, or “green card,” if they determine that the applicant is likely to become a “public charge.”
But they said that the new proposed rule “seeks to rescind existing clear guidance that limits the use of this public charge test.
“The federal government’s proposed public charge rule would bring devastating consequences for immigrant New Yorkers,” the agencies warned. “It would punish immigrants for using lifesaving programs and services such as Medicaid, public housing assistance, and the Supplemental Nutrition Assistance Program (SNAP) by putting their ability to obtain permanent immigration status at risk.
“We strongly condemn this proposed public charge rule, especially as immigrants increasingly face challenges to their due process,” they said. “The proposed rule would eliminate existing guidance for federal immigration officials, giving them broad discretion to deny an immigrant the opportunity to adjust their status if they use public benefits.
“By the federal government’s own admission, this proposed rule will reduce access to public benefits, worsen health outcomes and continue an anti-immigrant agenda,” they added. “Immigrant New Yorkers are essential to the city’s strength and future, and policies like this undermine the wellbeing of families who are vital to our communities and economy.
“All New Yorkers deserve access to health care, affordable food, and safe housing,” the agencies stressed. “We are monitoring the situation closely. We remain committed to serving every New Yorker, regardless of immigration or insurance status.”
New York City and NYC Health + Hospitals had also jointly submitted a formal written comment to US Citizenship and Immigration Services (USCIS), a DHS agency, expressing opposition to the proposed rule.
The city said the comment outlines the harms the rule would do to Caribbean and other immigrant New Yorkers and their families, including many US citizen children.
USCIS said on July 17 that DHS has issued “a final rule rescinding the 2022 Biden-era regulation regarding public charge determinations, further aligning immigration law with Congressional intent that aliens in the United States be self-reliant and not dependent on taxpayer-funded government benefits.”
USCIS said that, under the Immigration and Nationality Act (INA), an individual applying for a visa, admission, or adjustment of status is inadmissible to the United States “if deemed likely at any time to become a public charge.
“The now-rescinded Biden-era regulation restricted which public benefits DHS could consider, limiting officers’ ability to review all relevant factors as intended by Congress,” USCIS said.
“With this final rule, USCIS officers are empowered to assess all pertinent facts on a case-by-case basis for each applicant,” it added.
USCIS spokesperson Zach Kahler claimed that “the Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits.
“USCIS is committed to safeguarding the safety, security, and financial well-being of Americans,” he added.
USCIS said the new rule will take effect on Sept. 18, 2026 and that USCIS will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status.
“Older versions of Form I-485 postmarked or submitted electronically on or after the effective date will not be accepted,” USCIS said.
