New Sen. Marshall Measure Blocks Citizenship for Illegal Immigrants Dependent on Taxpayer-Funded Benefits

(Washington, D.C., November 23, 2022) –U.S. Senator Roger Marshall, M.D. recently introduced a Congressional Review Act resolution to repeal the Department of Homeland Security’s (DHS) latest attempt to further erode the integrity of the United States’ immigration system. DHS’s recently announced final public charge rule would reduce the types of taxpayer-funded federal benefits – such as food stamps, housing vouchers, and Medicaid – a green card applicant receives that DHS can consider when determining whether to grant admission or lawful permanent residence. Senator Marshall’s measure would prevent the rule from having any force or effect.

“DHS’s proposed public charge rules continue our country down the dangerous path of incentivizing migrants to illegally cross our southern border. Granting citizenship to illegal aliens who would be dependent on federal benefits is a burden that American taxpayers and our national debt cannot afford,” said Senator Marshall. “The Trump Administration made it clear to would-be law breakers that they would receive no support or citizenship from the American government. We need to get back to policies like this if our country is going to have any hope at stopping the invasion at our southern border that started when President Biden took office.”

Upon introduction, Senator Marshall’s Congressional Review Act was endorsed by the Federation for American Immigration Reform (FAIR).

“The Biden administration could care less about the ultimate stakeholder in our immigration system — the American people. That doesn’t only apply to a border that is being overrun, however. The public charge rule not only flouts Congress’ intent, it erodes the integrity of the legal immigration system and sticks it to American taxpayers. We encourage Senator Marshall’s colleagues to follow his lead and fight the Biden administration’s radical immigration policy agenda on all fronts,” said RJ Hauman, FAIR’s Head of Government Relations and Communications.

The Daily Caller carried an exclusive story on Senator Marshall’s Congressional Review Act. You may click HERE to read the story.

You may click HERE to read Senator Marshall’s joint resolution.

Background on Senator Marshall’s joint resolution:

The new DHS rule would dramatically scale back the number of benefits immigrants can use that would be held against them when applying for permanent residency in the United States. In 2019, the Trump Admin defined “public charge” as an immigrant who receives one or more designated public benefits for more than 12 months within a 36-month period. The former administration rightfully included Supplemental Nutrition Assistance Program (SNAP) or food stamps, housing vouchers, and Medicaid as benefits that would disqualify an immigrant from receiving a green card. 

Under DHS’ new rule, only the receipt of cash benefits or long-term institutional care could trigger a public charge finding. The rule ignores the myriad medical, housing, educational, and other public benefits routinely doled out by federal, state, local, and tribal agencies. And, more importantly, it ignores the tremendous cost of those benefits to the government and to the American taxpayer. 


Earlier this week, Senator Marshall and Senator Bill Hagerty wrote a letter to DHS about its mismanagement of the Alternatives to Detention Case Management Pilot Program (CMPP), a crucial illegal alien detention program. In particular, the Senators took exception with the involvement of Church World Service (CWS), an organization known to advocate for open borders, in the CMPP’s leadership. You may click HERE to read more about Senators Marshall and Hagerty’s letter.

In August, Senator Marshall sought unanimous consent on the Senate Floor to pass his resolution that declares the crisis at the southern border as an invasion as defined by the United States’ Constitution. The resolution also recognizes the rights of each state’s governor to act to secure the border. You may click HERE or on the image below to watch Senator Marshall’s full floor speech.

This past May, Senator Marshall and Kansas Sheriffs Calvin Hayden (Johnson County), Brian Hill (Shawnee County), Roger Soldan (Saline County), Jeff Richards (Franklin County), and Tim Morse (Jackson County) traveled to the Southern Border for briefings, tours, and meetings with border patrol officials, within DHS and the state of Texas. The trip came amid the pending expiration of Title 42 and the growing fentanyl crisis that is wreaking havoc in Kansas and across the nation. You may click HERE or on the image below to watch a recap visit of their trip.

You may click HERE or on the collage below to download high-res photos from their trip.

During that same trip, while on an evening tour with Brooks County, Texas Sheriffs, Senator Marshall had to provide medical assistance to a migrant suffering from heat exhaustion. You may click HERE or on the image below to watch the dramatic video.

For his actions that night, Shawnee County Sheriff Brian Hill recognized Senator Marshall for his service above and beyond the call of duty. You may click HERE or on the image below for video of Sheriff Hill presenting the acknowledgement to Senator Marshall.