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The Department of Homeland Security is just days away from expanding its “public charge” rule, which gives the federal government the authority to deny immigrants’ lawful permanent resident applications if they are likely to become reliant on welfare. The rule, which comes into force this Friday, September 18, is aimed at ensuring taxpayer-funded government benefits are only used by Americans. Its impending implementation sparked backlash from the left, prompting nearly two dozen states and cities to sue the administration in an effort to block it.
Welfare Mamdani: Immigrant First
New York City Mayor Zohran Mamdani announced this week that a group of cities is suing the Trump administration over the public charge rule, which stems from the Immigration Act of 1882. The legislation, enacted in August of that year, established which groups of immigrants could be denied entry into the country, including criminals, the mentally unfit, and individuals who are unable to take care of themselves — a category commonly referred to as a “public charge.”
US Citizenship and Immigration Services (USCIS) explained in August that federal officers will consider a number of lawful factors when deciding whether someone is likely to become a public charge, including whether the applicant has received cash support, housing aid, food stamps, college financial assistance, or similar benefits. For benefits received before Sept. 18, the agency will only take into account cash assistance used for basic living expenses and government-funded long-term institutional care. For benefits received on or after Sept. 18, however, USCIS may consider any form of means-tested public assistance.
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Mamdani, a proud member of the Democratic Socialists of America, argued the rule will “make hungry New Yorkers hungrier” and “poor New Yorkers poorer.” New York State Attorney General Letitia James, who is leading a similar challenge, slammed the Trump administration for including Medicaid and SNAP (the Supplemental Nutrition Assistance Program) in the immigrant welfare rule. “That means immigrant New Yorkers may be forced to ask themselves impossible questions: ‘Will getting health insurance hurt my chances of getting a green card? Will accepting food assistance when I fall on hard times be held against me?’” James said.
The TDS-stricken New Yorkers’ criticism clashes with the public-charge standard that has been part of US immigration law for nearly 150 years. “Under [President] Trump, DHS is restoring the basic principle that immigrants must be able to support themselves,” the Department of Homeland Security wrote on X earlier this year. “We are reaffirming the requirement of self-reliance, protecting public resources, and ending policies that encouraged dependency on hard-working American taxpayers.”
Bootstraps All Around
According to the most recent available data by the Center for Immigration Studies, the 2024 Survey of Income and Program Participation found that 53% of immigrant-led households — including naturalized citizens, lawful residents, and illegal immigrants — used at least one major welfare program. Comparatively, just 37% of US-born households used the same.
The American Dream is the promise of a better life, obtained through hard work and self-determination. If Americans are expected to pull themselves up by their bootstraps in pursuit of that dream, then shouldn’t immigrants who want the same opportunities be held to the same standard?
