Senator Hirono (D-HI) and Representative Chu (D-CA) Introduce “Protect American Values Act” to Stop Public Charge Rule Implementation
Aug 17, 2026
By Sarita Kelkar, NLIHC Policy Intern
On August 6, Senator Mazie Hirono (D-HI) and Representative Judy Chu (D-CA) introduced the “Protect American Values Act” (S.5331 and H.R.10045, respectively) to stop the final “public charge” rule issued by the Trump administration (see Memo, 7/27). Introduced previously in the 116th Congress by Sen. Hirono, the bill notes differences between the two Trump-era rules. Rep. Chu notes, “unlike the previous rule, this finalized policy does not even identify which benefits will be considered in a public charge test, giving Trump’s immigration officers sweeping discretion to deny green card applications based on subjective judgment instead of clear legal standards.”
The “Protect American Values Act” would bar federal funds from being used to carry out the finalized public charge rule across administration and enforcement processes. NLIHC, along with over 100 organizations, endorsed the bill—an integral piece of advocacy against the final rule scheduled to take effect September 18, 2026. NLIHC’s digital toolkit offers insight into the rule’s background and expected harms, including resources from the Protecting Immigrant Families (PIF) Coalition.
Background on Public Charge
The “public charge” inadmissibility test was created over 140 years ago to identify people who may depend on the government for financial assistance. Immigration officials apply the public charge test in evaluating someone’s application for lawful permanent resident status (also called a “green card”) or admission into the United States. Notably, the public charge rule does not apply to many immigrants, including refugees, asylees, survivors of domestic violence and human trafficking, people with special immigrant juvenile visas, and more.
The new public charge rule, which goes into effect September 18, rescinds the 2022 public charge rule and removes all clarity around which public benefits may be considered in the public charge inadmissibility test. The 2022 rule clearly stated that usage of several health and social services would NOT be considered in a public charge determination—this includes Medicaid, the Supplemental Nutrition Assistance Program (SNAP), and housing assistance programs such as public housing, Housing Choice Vouchers, and Project-Based Rental Assistance (PBRA).
The Final Public Charge Rule
In 2019, the first Trump administration attempted to include these benefits in the public charge test through a proposed public charge rule, receiving remarkable pushback from advocates outlining its harms before its ultimate reversal (see Memo, 8/19/19). However, the new final rule will cause significantly greater harm. The final public charge rule:
Does not make clear which benefits programs or government services would be considered in a public charge test.
- Allows officials to consider a family member’s use of benefits as evidence of an applicant’s income and resources.
- Allows immigration officials to use their own discretion in considering other factors when deeming someone a “public charge.”
What remains consistent from when Senator Hirono introduced the legislation in 2019 to its reintroduction now is outrage over how the rule would create and perpetuate a “chilling effect” for immigrant families. Millions of lawfully present immigrants and U.S. citizens will avoid seeking nutrition, healthcare, housing, and other resources for which they qualify under federal law. When one in four children in the U.S. is in an immigrant family and most (90%) children in immigrant families are U.S. citizens, many will go without crucial supports because of fear and confusion caused by policies such as the public charge rule.
Read the House and Senate bill texts.
Read the press release for the “Protect American Values Act” here.
Access NLIHC’s and PIF’s toolkits on public charge.
Read the final public charge rule here.
Learn more about the history of public charge in Chapter 6 of NLIHC’s 2026 Advocates’ Guide.