The U.S. House of Representatives passed on September 27 the “Department of Homeland Security Appropriations Act” (H.R.4367). The bill includes an amendment introduced by Representative Andy Biggs (R-AZ) that would defund implementation of the Biden administration’s “public charge” rule. Because the amendment (H.Amdt.406 to H.R.4367) was passed in the full House by a voice vote, there is no record of which members supported its passage. Fortunately for immigrant access advocates, the amendment is not likely to become law, as the U.S. Senate will likely not take up H.R.4367.
The Biden administration’s “public charge” rule replaced a Trump administration policy according to which green card applications from lawfully present immigrants were threatened if the applicants made use of Medicaid, Supplemental Nutrition Assistance Program (SNAP), housing, or other vital social safety net services. Advocates opposed Representative Biggs’s amendment, which was introduced to halt the implementation of the common-sense Biden administration rule and reignite the fear and confusion experienced by many immigrant families as a result of the Trump administration public charge rule. The Biggs public charge amendment is part of an agenda to cut families’ access to Medicaid, SNAP, and other public programs, despite families’ eligibility and need for such programs. A 2021 poll found that nearly half (46%) of people in immigrant families who needed help or health care during the pandemic did not seek it because of concerns related to immigrant status. The Biden administration rule, which was finalized in 2022, creates a much clearer framework, restoring the historic definition of “public charge” and making clear which benefits count toward the test. The rule did not expand eligibility for public benefits to any new households, however. When the Biden administration’s proposed rule was announced in 2022, NLIHC joined over 1,000 organizations urging the speedy finalization of the public charge rule.
Read more about housing access for immigrant households on page 6-63 of NLIHC’s 2023 Advocates’ Guide.