Children’s Rights Calls on DHS to Withdraw Proposed “Public Charge” Rule

Children’s Rights has submitted a public comment urging the Department of Homeland Security (DHS) to withdraw its proposed rule, “Public Charge Ground of Inadmissibility.” The proposal would significantly expand the discretion immigration officials have in determining whether an immigrant is likely to become a “public charge,” a legal designation that can deny a person’s application for admission to the United States or for lawful status.

The rule proposes removing longstanding policies that assure families they will not be penalized for using public benefits that help children stay healthy and stable. At a time of heightened fear in immigrant communities it would have a dangerous chilling effect, driving eligible immigrant families away from vital benefits like Medicaid, Supplemental Nutrition Assistance Program (SNAP), and housing assistance.

When families are afraid to access these programs, children lose the supports that help them thrive. And because child welfare systems define lack of health care, food insecurity and other hardships as forms of parental neglect, more immigrant families could be surveilled and separated.

Through our extensive on-the-ground engagement in over 20 states, Children’s Rights has a unique vantage point on how poverty, lack of government supports, and fear of government systems destabilize families, including in immigrant communities. Any responsible immigration policy must be based on the realities children face every day, and the government’s actions must center, not overlook, their safety and well-being.

“DHS’s proposed rule will harm children’s health, increase poverty, and destabilize families, creating uncertainties that families and service providers have no reasonable way to navigate. DHS should immediately withdraw its proposed rule and maintain the current regulations.”

Children’s Rights’ full public comment is available here.