Immigration advocates in New York have issued stark warnings about United States President Donald J. Trump’s new public charge rule, saying the policy will create fear and uncertainty for immigrant families while discouraging eligible individuals from accessing essential health care and social service programmes.
The new policy is expected to go into effect on September 18.
The New York Immigration Coalition (NYIC), an umbrella organization of over 200 immigrant and refugee groups in New York, alongside the New York City Mayor’s Office of Immigrant Affairs (MOIA), and other immigrant advocates, have expressed concern about how immigration officials would evaluate how certain immigrants are likely to become a ‘public charge’ when seeking lawful permanent residency or admission to the United States.
The rule rescinds the Biden administration’s Public Charge Rule, which has been in effect since December 23, 2022, and limited public charge determinations to an applicant’s use of cash assistance or long-term government-funded institutional care.
But, under Trump’s new rule, NYIC said immigration officials will consider a broad range of factors when determining whether immigrants are eligible to become citizens, adjust status, or be admitted to the US, based on the likelihood of becoming a public charge.
‘This new policy is a dangerous step backward that will harm immigrant New Yorkers-already living with instability, insecurity, and fear-by penalising them for accessing health and social service programs designed to keep communities healthy,’ NYIC president Murad Awawdeh told the Caribbean Media Corporation (CMC).
‘The public charge rule is not about protecting taxpayers – it’s about deterring immigrants from accessing critical services and creating a climate of fear. The impact will extend far beyond those directly subject to the rule, leaving families to second-guess whether they can safely seek medical care or put food on the table.’
Awawdeh said New Yorkers deserve facts, not fear, and the coalition will continue working to ensure every community has access to trusted legal guidance He said all residents, regardless of immigration status, deserve to access city services without fear.’
Awawdeh further warned that Trump’s decision to expand the scope of public charge will have ‘far-reaching consequences for both immigrant families across the five boroughs and our city’s economy.
‘When people are afraid to seek medical care, reporting crimes, or access other essential services, entire communities become less safe. We know that fear creates barriers to care, weakens trust in public institutions, and impacts public safety for all New Yorkers.’
Before deciding not to access services because of concerns about public charge, Awawdeh urged Caribbean and other immigrants to contact MOIA’s free and confidential Legal Support Hotline to get accurate, up-to-date information about their rights and options from trusted legal help.
‘As a city, we will continue to stand with our immigrant communities and fight for a future where all New Yorkers can lead lives of safety, opportunity, and dignity,’ said MOIA Commissioner Faiza N. Ali.
The executive director of Cabrini Immigrant Services of NYC, Javier Ramirez-Baron, said the Trump administration’s decision to rescind the public charge rule ‘inflicts yet another layer of harm on families navigating an immigration system that is already deeply broken.
‘Navigating the immigration system and public benefits programs is challenging enough, but now many will be forced to choose between the two. Others will forgo accessing essential benefits out of fear that it may impact their chances of gaining legal status.
‘At Cabrini Immigrant Services, we remain committed to ensuring that all we serve have the tools and information they need to navigate these changes and access the benefits they have a right to without fear,’ Ramirez-Baron added.
Trump’s new rule, published in the Federal Register on Monday, will significantly expand the scope of the Department of Homeland Security (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 programmes that the administration disfavors when reviewing applications.
US Citizenship and Immigration Services. (USCIS), a DHS agency, said last week 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.
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. The intent is clear: to use the weight of the federal government to terrorize immigrant communities and force families to renounce survival services and programmes, fearing their families could be ripped apart.’