New Federal “Public Charge” Rule for Green Card Applicants Sparks Fear and Warnings in NYC

Faiza N. Ali, commissioner of the Mayor’s Office of Immigrant Affairs, says immigrants should call the city’s legal support hotline before deciding whether to avoid public benefits.

Immigrant advocates and city officials on Monday warned that a new federal “public charge” rule set to take effect Sept. 18 could deter immigrant families from accessing essential services, urging New Yorkers to seek trusted legal guidance before making decisions about benefits or health care.

The New York Immigration Coalition, joined by the Mayor’s Office of Immigrant Affairs and community organizations, said the Department of Homeland Security’s new rule expands how immigration officials determine whether someone is likely to become a “public charge” — a designation that can affect eligibility for lawful permanent residency or entry into the United States.

The policy rescinds a Biden-era rule in place since December 2022 that limited public charge determinations largely to the use of cash assistance or long-term institutional care. Under the new rule, officials will consider a broader range of factors when evaluating applicants.

Advocates said the change could create widespread fear, discouraging immigrants — including those not directly subject to the rule — from seeking medical care, food assistance and other public services.

Subscribe to NepYork for Free 🙏

Now, you won't miss any updates on U.S. visas, Green Cards, and all immigration news, as well as essential information and resources on housing, taxes, healthcare, and more. Get it all delivered straight to your inbox.

“The public charge rule is not about protecting taxpayers — it’s about deterring immigrants from accessing critical services and creating a climate of fear,” said Murad Awawdeh, president and CEO of the New York Immigration Coalition. “The impact will extend far beyond those directly subject to the rule.”

City officials echoed those concerns, warning of broader public safety and economic consequences if residents avoid essential services.

“All residents, regardless of immigration status, deserve to access city services without fear,” said Faiza N. Ali, commissioner of the Mayor’s Office of Immigrant Affairs. She urged New Yorkers to call the city’s free and confidential legal support hotline at 1-800-354-0365 for accurate information before opting out of services.

Community leaders said families are already reconsidering or withdrawing from assistance programs amid confusion about the rule.

“This will force families to choose between protecting their future in this country and caring for their children today,” said Catherine Chen, CEO of the Asian American Federation, noting that some families are avoiding food pantries and other support.

Randy Ali of the Arab-American Family Support Center called the policy “unconscionable” amid a nationwide affordability crisis, while Javier Ramirez-Baron of Cabrini Immigrant Services said it adds another layer of difficulty to an already complex immigration system.

Rosy Mota of the Latino Commission on AIDS emphasized the economic contributions of immigrant communities, saying policies that discourage access to services could harm both families and the broader economy.

Advocates encouraged immigrants to seek guidance from qualified legal providers and rely on verified information as the implementation date approaches.