TRUMP “PUBLIC CHARGE” POLICY THREATENS, TEXAS FAMILIES, ADVOCATES WARN

AUSTIN, TEXAS — Advocates for children and families, food security, and healthcare access briefed reporters Monday on the consequences for Texas families and communities of new U.S. Department of Homeland Security (DHS) regulations. The Trump administration “public charge” regulation, which took effect September 18, puts “green card” applications at risk if lawfully present immigrants use health or social service programs, or if their U.S. citizen children use such programs.

 

“This regulation is a direct assault on immigrant families, and a threat to the health of millions of U.S. citizen children,” said Protecting Immigrant Families Coalition executive director Adriana Cadena.

 

The Trump administration policy rescinds regulations adopted in 2022 that limited the type of benefits considered in a public charge test to cash assistance for income maintenance or long term institutionalization at government expense. By removing those guardrails, it opens the process to political influence and personal bias.

 

“Every child deserves access to the resources they need to grow, learn, and thrive. This new public charge rule moves us further away from that vision by preventing children from accessing adequate nutrition, healthcare, and other supports at critical stages in their development. Our elected leaders must act now to protect children and families from this harmful policy,” said Trudy Taylor Smith, Senior Administrator of Policy and Advocacy for CDF-Texas.

 

A related Trump public charge regulation implemented in February 2020 was ruled illegal by a federal court and struck down in March 2021. While that regulation’s technical application was limited to a small number of lawfully present immigrants applying for green cards, the deterrent “chilling effect” was much broader. A 2021 survey found that about half (46%) of people in immigrant families who needed care or help during the pandemic did not apply because of immigration concerns.

 

“This new public charge rule is seeding confusion and fear in immigrant communities. Without clear guidelines, families are forced to make a choice they should never have to make—put food on the table or increase their probability of legal status.” said Jasmine Vega, a community justice worker from the Economic Justice Initiative at Texas Immigration Law Council.

 

Immigrant families account for 28% of the nation’s population, and half the people in immigrant families are U.S. citizens. The harms resulting from this new rule extend to the entire local community, with wide-ranging impacts on health care and overall economic activity.

 

“The confusion caused by this policy change diminishes access for all Texans to service providers such as local hospitals, health centers, schools, and grocery stores, which are critical for the health of our communities. These harms are particularly pronounced in Texas, with high numbers of immigrant families,” said Lynn Cowles, Director of Health and Food Justice for Every Texan, an Austin-based policy advocacy organization. “Immigrants and their families pay taxes and drive our state economy. They contribute to our public support systems, which benefit all community members, and this policy change puts the inclinations of state and federal leaders above the actual lives and everyday realities of Texans.”

 

Smith, Vega, Cowles, and Cadena spoke to reporters Thursday by teleconference. The recording is available to journalists on request.