Protect American Values Act of 2026
- Sponsor
- Sen. Hirono, Mazie K. [D-HI]
- Committees
- Judiciary Committee (primary)
- Last action
- Aug 6, 2026
Bottom line
The bill seeks to nullify the Department of Homeland Security's "Public Charge" rule by cutting off all federal funding for its implementation and enforcement, thereby maintaining broader access to public assistance programs for immigrants and their families.
What it actually does
This bill, the "Protect American Values Act of 2026," prohibits the use of any Federal funds, including fees, to implement, administer, enforce, or carry out the Department of Homeland Security's final rule titled "Public Charge Ground of Inadmissibility" (91 Fed. Reg. 45324, July 20, 2026), or any related guidance or policy. Essentially, it aims to defund and thus prevent the enforcement of a specific immigration rule that makes it harder for immigrants to obtain lawful permanent resident status if they are deemed likely to become a "public charge" by utilizing certain public benefits.
Proponents argue
Proponents argue that the DHS public charge rule is a dangerous policy that impedes access to essential food, medical care, and housing for immigrant and mixed-status families, leading to worse health outcomes, increased poverty, and damage to local economies. They contend that the rule circumvents congressional intent, reverses long-standing law, and creates severe uncertainty for immigrants seeking lawful permanent residency, making this bill a necessary corrective action.
Opponents contend
Opponents of this bill (and proponents of the DHS rule) would likely argue that the public charge rule is a necessary measure to ensure that immigrants are self-sufficient and do not become a burden on taxpayer-funded public assistance programs. They might assert that the rule upholds the principle that immigrants should be able to support themselves and contribute to society without relying on welfare, and that restricting federal funds for its implementation undermines national sovereignty and fiscal responsibility.
The bill text is very short and can be read quickly, allowing ample time for a thorough evaluation of its policy implications.
Section 3
Restriction on Federal Funds for Public Charge Rule
This section explicitly forbids the Department of Homeland Security (DHS) from using any federal money, including funds collected through fees, to put into practice, manage, or enforce its "Public Charge Ground of Inadmissibility" rule. This prohibition also extends to any related guidelines or policies that clarify or implement this rule. The effect is to prevent the rule from being operationalized by denying it financial resources, thereby preventing its impact on immigrants seeking lawful permanent resident status.
Supporters argue
Supporters argue that defunding the public charge rule is essential to protect vulnerable immigrant families, ensure their access to critical services like food and healthcare, and prevent increased poverty and public health crises. They believe the rule is discriminatory and undermines the well-being of communities by creating a "chilling effect" on benefit utilization.
Critics contend
Opponents of this funding restriction (i.e., those who support the public charge rule) would contend that preventing its implementation undermines efforts to ensure immigrants are self-sufficient and reduces the fiscal burden on taxpayers. They might argue that the rule is a legitimate exercise of executive authority to prioritize immigrants who are less likely to rely on public assistance.
Tradeoffs
The provision navigates the tension between ensuring access to public assistance for immigrant families for humanitarian and public health reasons, and the principle of self-sufficiency for immigrants to avoid becoming a public burden. It also highlights the tension between executive branch rulemaking authority and congressional oversight/funding power.