By Kayla Blackwell, NLIHC Senior Housing Policy Analyst and Sarita Kelkar, NLIHC Policy Intern
On November 13, a new proposed “public charge” rule was reviewed by the Office of Management and Budget, clearing the first step in the federal rulemaking process. The content of the proposed rule has not yet been posted on the Federal Register, but it is expected to be released soon. The proposed rule is expected to expand the scope of public charge consideration and the documentation required from applicants—potentially reintroducing harmful restrictions to many low-income immigrants seeking entry to the U.S. or permanent residency, as implemented in the first Trump administration.
“Public charge” is a component of U.S. immigration policy in which the federal government evaluates the likelihood that an individual will depend on government benefits as their main source of support. The U.S. Citizenship and Immigration Services (USCIS) within the Department of Homeland Security (DHS) can deny admission to the U.S. or a green card based on the public charge test, an assessment to determine if a noncitizen is “primarily dependent on the government subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense” per the 1999 Field Guidance.
The public charge rule notably does not include a person’s expected use of benefits such as Medicaid, Supplemental Nutrition Assistance Program (SNAP), or housing assistance programs (specifically, public housing, Housing Choice Vouchers, and Project-Based Rental Assistance (PBRA). In 2018, the Trump administration proposed a rule expanding the list of benefits considered part of the public charge test, adding the above critical services for health, nutrition, and housing stability. Advocates responded in force, submitting more than 266,000 public comments during the 60-day comment period. While the 2019 rule was reversed in 2021 under the Biden administration, returning key protections and security to immigrant families, the precedent set in 2019 has stark implications for the current proposed public charge rule in 2025.
Under the second Trump administration, the new rule is likely to expand benefits considered in the public charge test—not only increasing this public charge “umbrella” and threatening access to critical services like housing assistance, but also perpetuating a culture of exclusion that disproportionately impacts low-income communities.
Learn more about the history of public charge in NLIHC’s 2025 Advocate’s Guide, Chapter 6: “Housing Access for Immigrant Households.”