Washington, Aug 2026 : Democratic lawmakers have introduced legislation seeking to prevent federal funds from being used to enforce a Trump administration rule that could make it more difficult for some immigrants receiving government benefits to obtain green cards.
The bipartisan-chamber legislation, called the Protect American Values Act, was introduced on Wednesday by Senators Michael Bennet and Mazie Hirono, along with Congresswoman Judy Chu. The move comes ahead of the administration’s new “public charge” rule, which is scheduled to take effect on September 18.
The regulation rescinds a policy introduced by the Biden administration in 2022 that limited the types of public assistance immigration authorities could consider when determining whether an immigrant might become primarily dependent on government support. Under the Biden-era policy, several non-cash benefits, including Supplemental Nutrition Assistance Program (SNAP) food assistance, Medicaid and housing aid, were excluded from public charge assessments.
The public charge test allows US immigration authorities to determine whether an individual seeking admission to the country or adjustment to lawful permanent resident status is likely to become primarily dependent on government assistance. A negative determination can potentially result in an application being denied.
Democratic lawmakers have criticised the new rule, arguing that it fails to clearly specify which benefits could be taken into account. They warned that the lack of detailed guidance could give immigration officers significant discretion when assessing green card applications.
“This rule isn’t about securing our borders or more efficient spending; its purpose is to punish immigrants who only seek to make a better life for themselves and their families,” Bennet said.
He said the legislation was intended to demonstrate opposition to what Democrats described as an unnecessarily harsh immigration policy.
Chu argued that the new regulation goes further than the public charge policy implemented during Trump’s first administration. She said the absence of a clear list of benefits that could be considered could lead to decisions based on individual interpretation rather than clearly defined standards.
The lawmakers also warned that uncertainty surrounding the rule could discourage eligible immigrants from accessing government assistance, including healthcare, food and housing programmes. They said the impact could extend to mixed-status families containing immigrants, lawful permanent residents and US citizens.
Senator Tim Kaine said most noncitizens are already ineligible for many federal benefits. He expressed concern, however, that the new policy could potentially allow immigration officials to consider benefits used by an applicant’s US citizen children or other family members.
Kaine said a similar policy during Trump’s first term had contributed to widespread reluctance among some families to access healthcare and other assistance programmes, including among US citizen children.
Senator Tammy Duckworth also criticised the policy, arguing that access to basic necessities should not become a barrier to securing legal immigration status. “Nobody should have to choose between receiving citizenship or going hungry,” she said.
The Protect American Values Act has received support from 17 additional senators and dozens of House lawmakers. Among its House co-sponsors are Indian American lawmakers Pramila Jayapal and Raja Krishnamoorthi.
If enacted, the measure would prohibit the use of federal funds to implement, administer or enforce the new public charge regulation.
The controversy reflects a longstanding debate over how the public charge provision in US immigration law should be interpreted. While the provision itself has existed for decades, successive administrations have differed sharply over whether non-cash benefits such as healthcare, food assistance and housing support should influence immigration decisions.
The Trump administration adopted a broader interpretation during its first term, while the Biden administration introduced a narrower standard in 2022. The latest rule reverses that approach and is expected to become another major point of contention in the wider US immigration debate.
