By Kayla Blackwell, NLIHC Senior Housing Policy Analyst
The U.S. Department of Homeland Security (DHS) has announced a final rule rescinding the 2022 public charge ground of inadmissibility (“public charge rule”). The final rule is scheduled to be published in the Federal Register today, Monday, July 20, and is slated to become effective 60 days after publication.
The Protecting Immigrant Families Coalition (PIF) released a press statement in response, stating, “An initial reading of the final regulation suggests that, despite legal requirements to consider public comments, the Trump administration largely disregarded the thousands of comments opposing the proposal issued last fall.”
NLIHC submitted comments opposing the proposed version of the public charge rule in December 2025 (see Memo, 1/12); over 8,800 comments were received in response to the proposed rule.
NLIHC is reviewing the final rule and will release additional analysis soon.
Background
DHS has used the “public charge” test to determine admission into the United States or approval for a green card for over a century. An individual is deemed a “public charge” if they are identified as likely to depend on government benefits as their main source of support—and subsequently denied entry or green card status if so.
Under the 2022 public charge rule, usage of several health and social services was NOT considered in a public charge determination: Medicaid, Supplemental Nutrition Assistance Program (SNAP), and housing assistance programs such as public housing, Housing Choice Vouchers, and Project-Based Rental Assistance (PBRA).
NLIHC’s comment letter opposing the proposed rule stated: “Without certainty regarding whether housing assistance programs are considered in the public charge assessment, families will forgo critical and lifesaving housing assistance. In turn, this unnecessary uncertainty will increase homelessness, risk severe health consequences including death, and worsen the housing affordability crisis for local and state governments.” NLIHC urged DHS to withdraw the Proposed Rule in its entirety.
Read the DHS unpublished rule here.