A federal rule change related to immigrants’ use of public benefits could create a “chilling effect” in migrant communities – and experts warn it could mean higher rates of uninsured children in Texas.
The Department of Homeland Security wants to withdraw current federal guidance on the “public charge” rule. The proposed rule would mean officials could look at an immigrant’s use of public benefits – like Medicaid or SNAP – to assess whether they’re likely to become a public charge reliant on the government to meet their needs.
If they have accessed public benefits, it could negatively affect their likelihood of being approved for legal status, such as a green card.
“Families are going to be a little bit more apprehensive,” said Robert Sanborn, president and CEO of the Texas advocacy group Children at Risk. “The problem is that when we talk about a lot of Latino families, there's a lot of fear there about what is this going to mean.”
Kelly Whitener, an associate professor with Georgetown University’s Center for Children and Families, said there’s been a lot of back-and-forth about what the term “public charge” means and how it is assessed.
“The latest proposed rule seeks to undo what the Biden administration rule put into place around that definition without offering a new definition,” Whitener said.
The first Trump administration had broadened the list of benefits the government could consider in 2019 and allowed prior public benefits to count in a determination.
In 2022, the Biden administration restored the public charge definition that had been used since 1999. It limited what the government could consider a “public charge” to things like cash assistance, such as Social Security Income, and long-term institutionalization.
Advocates and experts said the federal guidance that would be rescinded with the draft rule made it easier for service providers and advocates to identify which public benefits are safe to access without harming future immigration options and which are not.
DHS said it will issue future instructions for adjudicators, but that may not be offered for public scrutiny before it is implemented, according to the Migration Policy Institute.
Under the new proposed rule, Whitener said the list of safe benefits is no longer clear, which could increase migrants’ fear and hesitancy. DHS’s draft rule also removes language that clarifies use of benefits by family members -- such as children enrolled in food assistance programs or Medicaid -- can’t count against applicants.
“The impact of the rule change itself is relatively minor, but there are what's referred to as ‘chilling effects’ of the rules that the rule acknowledges,” Whitener said. “The rule doesn't set forward a clear standard, people will have to guess.”
During the first Trump administration, one in seven adults in immigrant families reported avoiding public benefit programs. Experts warn the chilling effects could be worse with the new proposed rule because the elimination of guidelines creates more uncertainty.
Whitener said rates of uninsured children nationwide could increase by 25% as a result – including many children who are U.S. citizens or have legal status through immigration processes.
Sanborn said about a third of Texas kids are children of immigrants or immigrants themselves – and more than 90% have legal status.
“Unfortunately, when you have families and children specifically that aren't getting the help that they need, there's going to be lower academic performance, lower levels of success,” Sanborn said. “That means that these kids will not grow into the citizens that we want them to be.”
Texas has the highest rate of uninsured kids in the country – more than 13% in 2024, more than double the national average. While about 9% of non-Latino kids are uninsured, Whitener said more than 18% of Latino children don’t have insurance.
“I worry that this proposed rule, even in the proposed stage, when people are just hearing about it and worrying about it before it's finalized, could make those gaps even bigger,” Whitener said.
Experts and advocates said the change could have a devasting effect on the short- and long-term health of immigrant communities.
“Those families are doing everything possible to make sure that their kids are successful,” Sanborn said. “It's going to have a generational impact on us.”
The rule is still in the draft stage, but the public comment period ended in December. Whitener said people can still reach out to their lawmakers to voice their concerns about the proposed rule.
Sanborn said if the change goes into effect, it could end up costing local governments more money as people have to rely on emergency care and other locally supported services over federally funded programs.
For people worried about how the rule change will affect their access to coverage and programs, Sanborn said to use community resources as much as possible.
“Churches are trusted, but schools and early education centers are also good places of trust,” Sanborn said. “Reach out to those places and figure out what's going on…There's fear and there is going to continue to be fear for some time, but I think there are a lot of people that want to make this work for our families in Texas.”
Abigail Ruhman is KERA’s health reporter. Got a tip? Email Abigail at aruhman@kera.org.
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