The Urban Institute released a new fact sheet, “One in Six Adults in Immigrant Families with Children Avoided Public Programs in 2022 because of Green Card Concerns,” showing that even after the Biden administration’s decision to halt the “public charge” rule in March 2021, immigrant families continued to be reluctant to participate in public programs such as the Supplemental Nutrition Assistance Program (SNAP), Medicaid, and housing assistance in 2021. This trend remained in effect even for families not previously subject to the “public charge” test. The fact sheet confirms what immigrant advocates have long claimed: that the “chilling effect” of the Trump administration’s harmful policy changes continues to impact immigrant communities, causing many immigrants to go without vital health and social services.
The resource draws on the Urban Institute’s December 2022 Well-Being and Basic Needs Survey to analyze how families with children under age 19 “avoided noncash government benefits in the past year because of concerns that receiving benefits would affect their or a family member’s ability to obtain a green card in the future (also known as chilling effects).” The resource finds that one in six adults in immigrant families with children reported they avoided such benefits in the past year due to fears related to their green card status. The summary states that “this analysis implies that chilling effects may be keeping as many as three to four million children in immigrant families from accessing public benefits that could help address their basic needs.”
The Biden “public charge” rule replaced a Trump policy that put green card applications at risk if lawfully present immigrants applied for Medicaid, SNAP, housing, and other vital social safety net services. The Trump rule was shown to undermine the pandemic response and widen racial disparities in health, hunger, and poverty. 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 immigration concerns.
The Biden rule, which took effect in 2021 and was finalized in 2022, implements a much clearer framework. The rule restored the historic definition of “public charge” and made clear which benefits count toward the test. It did not expand eligibility for public benefits to any new households. The final rule clarified that several health and social services are not considered in a public charge determination, a decades-old test to deny temporary admission into the U.S. or deny requests to change one’s status to lawful permanent resident (i.e., green card holder). The final rule has been in effect since December 23, 2022, and restores the historical understanding of public charge, according to which receipt of certain non-cash benefits – such as housing and Medicaid benefits – are not considered under public charge determinations. When the Biden administration’s proposed rule was announced in 2022, NLIHC joined over 1,000 organizations urging the quick finalization of the “public charge” rule.
Read the fact sheet here.