NLIHC, Disaster Housing Recovery Coalition, and 170 Members of Congress Comment in Opposition to Public Charge Proposed Rule

By Kayla Blackwell, NLIHC Senior Housing Policy Analyst 

NLIHC and the Disaster Housing Recovery Coalition each submitted comment letters, and NLIHC joined two additional comment letters from the Protecting Immigrant Families Coalition (PIF) and Children Thrive Action Network (CTAN) in response to the Department of Homeland Security (DHS)’s “public charge” Proposed Rule. The Proposed Rule would significantly restrict access to essential resources for millions of low-income immigrants and their children during a time when our nation is already navigating increased housing, healthcare, and food insecurity (see Memo, 12/12/2025). The comment period ended on December 19, 2025. Advocates now wait for the Department of Homeland Security to review over 8,000 comments that were submitted before potentially announcing a final rule. 

Background 

DHS has used the “public charge” test to determine admission into the U.S. 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 current public charge rule, implemented during the Biden administration in 2022, usage of several health and social services is 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 Actions 

If finalized, the Trump administration’s proposed public charge rule would replace clear guidelines on what programs can be considered in a public charge assessment, causing widespread confusion. The NLIHC comment letter states: “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 urges DHS to withdraw the Proposed Rule in its entirety.  

NLIHC’s Disaster Housing Recovery Coalition comment letter highlighted the ways the Proposed Rule will result in significant confusion, harm, and expense as it relates to disaster response and recovery programs. The letter identifies that while emergency assistance provided during disaster response is exempt from the rule, the new policies would impact disaster recovery funding administered by the Federal Emergency Management Agency (FEMA), the Small Business Administration (SBA), and the Department of Housing and Urban Development (HUD). Due to these complicated funding streams and crisis-response nature of disaster recovery, the Proposed Rule will cause sow chaos and confusion for disaster survivors. 

NLIHC also joined a public comment from CTAN with nearly 200 organizations opposing the Proposed Rule, which provides evidence for the comprehensive harms this proposal poses for child, family, and community well-being. Lastly, NLIHC joined a public comment from PIF opposing the Proposed Rule. The PIF letter had support from 725 organizations and argued that: 1) unknown rules lead to chaos and bias; 2) the proposed policy threatens the nation’s health and economic security; 3) the proposed policy is a backdoor assault on lawful immigration, and; 4) the public interest demands abandonment of this proposal. 

Congressional Actions 

One hundred and seventy members of Congress added their voices to widespread opposition of the public charge proposal. One hundred and twenty-eight members of Congress signed a bicameral letter opposing the Proposed Rule, organized by the Congressional Hispanic Caucus (CHC), Congressional Black Caucus (CBC), and Congressional Women’s Caucus (CWC). Ranking members of the Senate Judiciary Committee, Senate Health, Education, Labor and Pensions Committee, Senate Finance Committee, House Education and Workforce Committee, and House Judiciary Committee Subcommittee on Immigration Integrity also sent a bicameral letter opposing the Proposed Rule. Finally, Representative Silvia Garcia (D-TX) sent a comment letter from her perspective as a former social worker and legal aid attorney, highlighting the impacts of the Proposed Rule on Harris County and Houston, Texas.  

DHS must review all comments submitted to the Proposed Rulemaking and consider comments in the final rulemaking. NLIHC will continue to monitor the Federal Register for a final rule on the public charge policy.  

Read NLIHC’s comment letter here and the Disaster Housing Recovery Coalition letter here.  

Read the CTAN comment letter here.  

Read the PIF organizational comment letter here.  

Read the CHC, CBC, and CWC letter here. Read the letter from Democratic Ranking Members of relevant committees here. Read Representative Garcia’s comment letter here.