The Trump administration is making it easier for the U.S. to turn away immigrants with disabilities with a new rule that may also dissuade children of immigrants who are citizens from accessing Medicaid and other public benefits.
The U.S. Department of Homeland Security finalized a rule this month rescinding a 2022 regulation on how immigration officers determine who qualifies as a “public charge,” or someone likely to rely on government assistance.
The federal government has long considered a prospective citizen’s need for certain assistance, but the first Trump administration sought to expand the reasons for denying a green card to include Medicaid eligibility and other needs. That effort was reversed by the Biden administration.
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Under the new rule, immigration officers will have broad latitude to make such assessments, “empowering” them to consider “case-specific factors and circumstances the officer determines is relevant.” This will effectively bring government safety-net programs including Medicaid back into consideration.
“DHS is restoring the basic principle that immigrants must be able to support themselves,” the agency said in a social media post. “We are reaffirming the requirement of self-reliance, protecting public resources, and ending policies that encouraged dependency on hard-working American taxpayers.”
The new rule could have major repercussions for people with disabilities who are often subjected to negative stereotypes, according to Maria Town, president and CEO of the American Association of People with Disabilities.
“Denying individuals the opportunity to enjoy American opportunities based on an individual officer’s subjective perception that an individual may need public benefits is antithetical to our nation’s promise as a land of welcome, refuge, and opportunity for all who seek a better life,” she said. “This rule represents a cruel departure from our nation’s promise of welcoming all who seek to join the rich tapestry of the United States, and endangers the lives of people with disabilities all over the world who often come to this country specifically to access medical care, technology, or supports that are unavailable in their home countries so that they can ultimately lead full self-determined lives.”
The rule itself acknowledges that it is likely to lead to people forgoing enrollment or disenrolling from public benefits, including many U.S. citizens.
This could include children with disabilities who are citizens and rely on Medicaid or special education services, but have parents who are immigrants, for example, Town said.
Dr. Andrew D. Racine, president of the American Academy of Pediatrics, warned that the rule will have a “chilling effect on children and families” leading them to “forgo the health, nutrition and housing programs for which they are eligible.”
The new rule is set to take effect Sept. 18.
