“Public Charge” Rule Proposed, NLIHC and PIF Urge Comments by December 18 Deadline

By Kayla Blackwell, NLIHC Senior Housing Policy Analyst and Sarita Kelkar, NLIHC Policy Intern 

The U.S. Department of Homeland Security (DHS) released a proposed “public charge” rule, published to the Federal Register on November 19 with a 30-day comment period ending on December 19. The 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. Until the DHS rule is finalized, the current Biden administration’s 2022 public charge rule remains in effect. The Protecting Immigrant Families (PIF) Coalition and NLIHC released a press statement and urge advocates to comment on the rule before December 18, 5:00 pm ET. PIF has compiled resources on the proposed public charge rule here, which includes a comment template for direct service providers who serve immigrant families, a comment template for organizations, and an organizational sign on comment letter.  

Background 

The U.S. Citizenship and Immigration Services (USCIS) uses the “public charge” test to determine admission into the U.S. or approval for a green card. 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).  

In 2019, the first Trump administration attempted to include these benefits in the public charge test through a proposed public charge rule, receiving remarkable pushback from advocates outlining its harms before its ultimate reversal (see Memo, 8/19/19). Now, the second Trump administration’s proposed public charge rule aims to consider “all factors and information relevant to an alien’s likelihood at any time of becoming a public charge.” The rule allows critical services to be considered—without specifying the programs under consideration—and removes the 2022 regulatory provisions. If finalized, this rule would harm immigrant families’ access to key services by creating a culture of inaccessibility and fear.  

PIF’s press statement reveals how the proposed public charge rule is expected to: 

1. Allow DHS to consider whether applicants’ families have used health or social services programs or have health or economic histories disfavored by the administration;  

2. Affect immigrant families, accounting for ~27% of the U.S. population, half of which are U.S. citizens (mostly children); and  

3. Create a “chilling effect,” where the spreading of disinformation and misinformation by the administration leads millions of lawfully present immigrants and U.S. citizens to avoid seeking help and care for which they qualified under federal law.  

Take Action—Comment on the Proposed DHS Public Charge Rule 

• Join PIF’s sign on comment letter by December 18.  

  • PIF is coordinating a coalition-wide organizational sign-on comment opposing the 2025 DHS Public Charge NPRM and invites organizations to join this effort and stand with immigrant families across the country. Any nonprofit, community-based organization, advocacy group, service provider, faith-based institution, research or policy organization, or allied partner that supports immigrant families and shares our commitment to promoting health, well-being, and economic security is welcome to join the letter. Note: This is an organizational sign-on; PIF is not accepting sign-ons from individuals unaffiliated with organizations at this time.  

• Are you a direct service provider who serves immigrant families? Use PIF’s direct service provider comment template to draft your own comment by December 18.  

  • Stories from direct service providers or application assisters about the chilling effect of the proposed changes to public charge, the negative consequences of loss of benefits, and the ways that clients and agencies have relied on previous regulations are all potentially helpful for future challenges to a harmful rule. In the current context, many immigrants who will be directly harmed by the proposed rule may be afraid to submit their own comments. By lifting up what you have seen, you can help tell their stories. 

• Are you part of a housing or homeless services organization that’s concerned for your immigrant neighbors? Use PIF’s organizational comment template to draft your organization's comment by December 18.  

  • Comments are critical to the rulemaking process, and the administration is required to consider all feedback from the public. Your organization may have specific expertise in the impact of the proposed rule on immigrants in your community, and your voice needs to be heard. The comment template offers recommendations for subject matter experts like local housing providers, homeless coalitions, immigrant rights organizations, and state or local governments to submit a robust comment.  
     

“At a time when the country is working to recover from the longest government shutdown in U.S. history and reductions in housing, food, and healthcare assistance, we cannot afford to implement policies that will increase uncertainty for millions of individuals and families. We urge the administration and Congress to reject the proposed public charge rule, given the turmoil and legal challenges similar anti-immigrant regulations have faced in recent years. Instead, we encourage the advancement of policies that ensure equal access to the essential resources people need to survive,” said NLIHC President and CEO Renee M. Willis in a recent press statement about the proposed public charge rule. 

Read about the new proposed public charge rule here.  

Read PIF and partners’ press statement here.  

Learn more about the history of public charge in NLIHC’s 2025 Advocate’s Guide, Chapter 6: “Housing Access for Immigrant Households.”