Attorney General Kwame Raoul has joined a coalition of 20 attorneys general in opposing the U.S. Department of Homeland Security’s (DHS) proposal to rescind the “public charge” rule. This rule currently prevents immigration officials from considering non-cash public benefits, such as the Supplemental Nutrition Assistance Program (SNAP) and Medicaid, when deciding if a noncitizen can obtain or keep legal immigration status.
Raoul criticized the proposed changes, stating, “This proposed rule is another attempt by the Trump administration to intimidate immigrants. Immigrants and their families should not have to fear accessing programs that they are legally entitled to and that protect their health and well-being. I join my fellow attorneys general in opposing this cruel and unlawful proposal.”
The current federal guidance defines a “public charge” as someone who relies primarily on public cash assistance for income maintenance or on institutional long-term care funded by the government. Under U.S. law, those likely to become a public charge are generally not eligible for lawful permanent residency.
In 2019, the Trump administration expanded this definition to include use of Medicaid, SNAP, and Section 8 housing assistance. Illinois and other states challenged this expansion successfully, leading to its reversal under the Biden administration.
The DHS now proposes removing the Biden-era rule while calling its own previous 2019 version “overly restrictive.” The new proposal would give immigration officials broad discretion in considering various factors—including receipt of non-cash benefits—when determining eligibility for green cards or other legal statuses.
According to Raoul and his colleagues, these changes could discourage eligible immigrants from seeking benefits out of fear it might impact their legal status. They argue that without access to preventative health coverage, many noncitizens would only seek care during emergencies, which increases costs for state and local governments. The attorneys general also highlight potential negative effects on U.S.-born children in mixed-status families who rely on benefits accessed by their noncitizen parents or caregivers.
The coalition asserts that DHS’s proposed change deviates from established interpretations by Congress and courts regarding “public charge,” is contrary to law, represents an arbitrary shift in policy, and should be withdrawn.
Raoul co-led these comments with attorneys general from California, Minnesota, and New York. Other participating states include Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.