Individuals seeking a visa or adjustment of status must pass the public charge test. If the government decides that, based on their financial situation, health, family size, or public benefit usage, they are likely to rely on public assistance in the future, their application can be denied. Immigrants and mixed-status households are likely to become apprehensive about using any public services due to confusion or worry. At the individual level, this would mean a decline in meeting basic needs (e.g., healthy food), reduced healthcare access, difficulty in receiving housing assistance, and other supports. Ultimately, this rule may discourage benefit use by eligible households and heighten economic and emotional stress for immigrant communities. Additionally, lower healthcare usage also may reduce revenue for hospitals, medical supply and pharmaceutical companies, and other entities needed to maintain healthcare infrastructure, particularly in rural communities.
A legally binding directive issued by a federal agency to implement, interpret, or enforce laws passed by Congress. Rules go through a formal rulemaking process, including public notice and comment, before taking effect.
Who It Impacts: Businesses, organizations, and individuals subject to federal agency oversight. For example, a new environmental regulation could impact manufacturing companies, or a healthcare rule could affect providers and insurers.
Who Is Not Impacted: People or entities not subject to the agency’s jurisdiction. For example, a rule by the Environmental Protection Agency (EPA) regulating industrial emissions would not directly impact a restaurant owner unless they operate in an affected industry.
Summary
This proposed rule rescinds the 2022 public charge ground of inadmissibility regulations, which returns the determination of whether an immigrant is likely to be a public charge back to a case-by-case basis, at the discretion of individual officers. “Public charge” is when an immigrant is considered primarily reliant on public services. Under this proposed rule, officers could consider many past and current factors in making this determination, including use of Medicaid, SNAP, CHIP, or housing assistance.
Impact Analysis
Legal Challenges
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Take Institutional Action
- Submit public comment. Public comment is open until December 19, 2025 outlining how this proposed rule affects you, the people you know, and the systems that you are involved with.
- Outreach and provide clear information with trusted messengers. Outreach and education to clarify the intent of the law and to ensure that immigrant communities are aware of the benefits available to support their health, well-being, and long-term care needs. Use trusted messengers that immigrant communities will be receptive to.
- Monitor impacts. Research and assess how public charge determinations influence enrollment in health coverage and other programs for immigrant families.
- Collaborate with others. Partner with community health centers, legal services, community health workers, care navigators, and immigrant-serving organizations to deliver accurate information and support to eligible individuals and families.
- Provide services without collecting identifying information. Support food pantries, food banks, clinics, and health centers that are willing and able to provide services without collecting identifying information to mitigate how this policy may deter eligible individuals from accessing services.
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