The Asian American Federation and a coalition of community leaders sounded the alarm Monday over newly announced federal immigration rules that allow officials to weigh non-cash assistance—such as food stamps and Medicaid—against green card applicants, warning the policy will force thousands of Asian New Yorkers to forgo essential health and nutrition programs out of fear.
The changes, published to the Federal Register on July 20 by the U.S. Department of Homeland Security, rescind a 2022 Biden administration policy that limited “public charge” determinations primarily to cash assistance and long-term institutional care. Under the new regulations, set to take effect Sept. 18 barring legal intervention, immigration officers will regain broad discretion to evaluate an applicant’s use of safety-net benefits, income, age, and English proficiency when reviewing applications for lawful permanent residence or visa extensions.
DHS acknowledged in its regulatory filing that the policy could lead approximately 950,000 nationwide to drop or avoid public benefits for which they are eligible.
At a news conference convened Monday by the Federation, advocates warned that New York’s rapidly growing Asian population—where roughly one in four residents is a non-citizen and a third live in or near poverty—is uniquely exposed to the shift.
“The Trump administration is once again creating chaos by using immigration policy to punish working families,” said Catherine Chen, chief executive officer of the Asian American Federation. “This cruel public charge policy will force families to choose between protecting their future in this country and caring for their children today.”
Broad Discretion and Chilling Effects
The updated rule grants immigration officers wide latitude to make “individualized, fact-specific” inadmissibility determinations based on the totality of an applicant’s circumstances. In some instances, a citizen family member’s use of public safety-net programs could be factored into an applicant’s review.
Community leaders say the uncertainty is already creating a “chilling effect” across New York City’s immigrant neighborhoods, driving families away from food pantries, health clinics, and social services even before the official implementation date.
During a similar expansion of the public charge rule in 2019, Asian non-citizens in New York disenrolled from Supplemental Nutrition Assistance Program (SNAP) benefits at eight times the rate of Asian citizens, according to data cited by the Federation.
“Fear and confusion surrounding public charge policies can prevent immigrant families from accessing essential services, even when they are eligible,” said Nicole Huang, executive director of the Parent-Child Relationship Association.
Local Impact and City Response
In New York City, 42% of Asian Americans report limited English proficiency. Advocates noted that language barriers exacerbate the spread of misinformation regarding complex federal rules, leading families to disenroll from benefits unnecessarily.
City officials joined advocacy groups in condemning the federal policy change, emphasizing that city-funded services remain open to all residents.
“The federal government’s decision to expand the scope of public charge will have far-reaching consequences for both immigrant families across the five boroughs and our City’s economy,” said Faiza N. Ali, commissioner of the Mayor’s Office of Immigrant Affairs. “When people are afraid to seek medical care, report crimes, or access other essential services, entire communities become less safe.”
Community organizations operating under the Rapid Immigrant Support and Empowerment (RISE) Network—a coalition of 15 Asian-led community groups and legal service providers—are urging residents to seek professional legal guidance before altering or canceling their public assistance.
Free and confidential legal consultation is available through the New York State Office for New Americans Hotline at 1-800-566-7636, the MOIA Immigration Legal Support Hotline at 1-800-354-0365, or by calling 311 and requesting “Immigration Legal.”
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
