The Department of Homeland Security (DHS) has issued a Notice of Proposed Rulemaking (NPRM) to rescind the 2022 public charge regulations and restore a broader interpretation of the public charge ground of inadmissibility under the Immigration and Nationality Act (INA). This proposal revives a policy first implemented during President Trump’s initial term, which penalizes immigrants for using certain public benefits.
USCIS says the proposed rule (RIN 1615-AD06), scheduled for publication in the November 19, 2025, Federal Register, would “restore broader discretion to evaluate all pertinent facts and align with long-standing policy that aliens in the United States should be self-reliant and government benefits should not incentivize immigration.”
What Is Changing?
The proposed rule emphasizes self-sufficiency, aligning with congressional intent under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). Under the proposed rule:
- DHS would remove restrictive definitions from the 2022 framework, including “likely at any time to become a public charge.”
- Immigration officers would regain broad discretion to consider any means-tested public benefits — not just cash assistance or long-term institutionalization — when determining inadmissibility.
- DHS will amend public charge bond provisions to clarify that receipt of any means-tested benefit constitutes a breach.
Impact on Immigrants
If finalized, the rule could:
- Make it harder for applicants for adjustment of status or admission to qualify if they have used or are likely to use public benefits such as Medicaid, SNAP, housing assistance, or TANF.
- Increase fear among immigrant families, potentially leading to disenrollment from health and nutrition programs, even among US citizen children in mixed-status households.
- Affect healthcare providers and state agencies due to reduced participation in Medicaid and other programs.
Public Comment Period
The NPRM is open for 30 days following publication in the Federal Register (November 19, 2025). Stakeholders can submit comments via the Federal eRulemaking Portal.
Connection to State Department Cable
This proposed rule aligns with a recent State Department directive, revealed last week, that allows consular officers to deny immigrant visas to applicants with certain medical conditions if they are deemed likely to rely on public benefits. The cable instructs officers to weigh an applicant’s health and financial resources, citing conditions such as cardiovascular disease, diabetes, cancer, and mental health disorders as potentially requiring costly care.
Erickson Insights & Analysis
The proposed rule broadly expands the definition of what could constitute a public charge without specifying process changes or implementation guidelines. This is a proposed rule, and litigation in federal court is expected.
Erickson Immigration Group will continue to monitor developments and share updates as more news becomes available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.