How the Trump Administration's New 'Public Charge' Rule May Affect Immigrants

Brian Lehrer (0:10)

Brian Lehrer on WNYC, we're going to turn down to a new rule from the Trump Administration that's set to take effect this Friday, which could make it harder for a lot of people in our area, particularly immigrants who are applying for green cards. It changes something called the public charge rule, meaning immigration officials will be able to take a harder line on whether a green card applicant is receiving public benefits when deciding whether to approve their application. So it's going to force a lot of people who are vying for green card status to ask themselves questions like, will getting Medicaid health insurance for me and my children hurt my chances of getting my green card application approved? Will accepting food assistance like SNAP benefits be held against me in my immigration case?

Even though I've been eligible for them, the rule says that officials can take into account what they're calling means tested public benefits, but it doesn't spell out a specific list of programs, which is part of what's creating so much uncertainty and anxiety. And just to be clear, the rule only applies to some immigrants seeking green cards. Undocumented immigrants, it's worth saying out loud, are not included in that pool because they're already not entitled to public benefits despite Trump's frequent claims to the contrary. And there are also exemptions for people seeking certain forms of humanitarian relief, including asylum.

New York State Attorney General, Letitia James and Mayor Zeron Mamdani are now leading two separate lawsuits challenging the rule.

New York and 21 other states plus Washington DC, are part of this lawsuit while New York City is leading a coalition of cities and counties in a separate case, both lawsuits were filed Monday, just days before the rule is scheduled to take effect on Friday. My guest is Catherine Chen, CEO of the Asian American Federation. She'll talk about how this could affect New York's Asian American immigrant community in particular because that's who she mainly works with. But she's also going to unpack how this rule will change things for immigrants here from all over the world. Catherine, thanks so much for joining us. Welcome back to WNYC.

Catherine Chen (2:23)

Good morning, Brian. Thanks for having me.

Brian Lehrer (2:25)

Can you give a little background on the public charge provision? How has it historically been used?

Catherine Chen (2:31)

Yes, absolutely. You did a fabulous job of introducing it. But I think the simple way to understand the public charge rule is, it's a rule that's been on the books for a long time, more than a century. But since 1999, the public charge rule has largely focused on two areas of benefits, and it allows immigration officers to decide whether or not, if you've taken certain benefits, you might become somebody who relies primarily on government support if they let you into the United States. Those two benefits used to be whether or not you were primarily dependent on cash assistance, like social security payments, or if you needed long-term institutional care that was funded by the government. So for example, if you were going to get long-term hospitalization.

It used to be the case that the rules were very clear, as you indicated, and the new rule, which is set to go into effect on Friday, unless a court responds to the two lawsuits that you just mentioned. The new rule that's supposed to go into effect on Friday, gives those immigration officers much broader power to decide on a case by case basis, whether or not they think someone might rely on the government if they're allowed into the United States.

Brian Lehrer (3:53)

Now, listeners, we want to invite you in on this to help us report the story. In particular, if this affects you personally or someone you know, other people may call as well to 1-2-433-WNYC, call or text. Are you going to be affected potentially by the changes to the public charge rule? Are you or is anyone in your family or among your friends, neighbors, employees, employers, worried that using public benefits could affect your green card eligibility or theirs, 2-1-2-433-WNYC?

Maybe you're in a mixed status, family, very relevant to you. I know if you've had to think about whether to enroll in programs like Medicaid or SNAP or even enroll your children in one of these programs or even in Head Start, say for pre-K, 2-1-2-433-WNYC. Call us and tell us your situation or ask a question, 2-1-2-433-9692.

Maybe you're part of the Asian American community that Catherine works with in particular and you want to share a story or anyone else. 2-1-2-433-WNYC, your stories, your questions of advice or anything else related. 2-1-2-433-9692. Under this new rule, immigration officers, as I understand it, will have much more discretion to consider whether green card applicants are using what the Trump Administration is calling means-tested public benefits. But the rule does not give them a specific list of programs that they need to consider. So what kinds of benefits could potentially come into play here? What does means-tested public benefits mean? How broad is that net?