Tell the Government You Don’t Want to Get Rid of the Current “Public Charge” Rule

After the longest government shutdown in United States history, many people have become aware of just how necessary public benefits like SNAP (the Supplemental Nutrition Assistance Program) and others are to our communities. With the lowest hiring rates since 2009 and other economic pressures mounting, many of us are closer to relying on public benefits than we think. But this summer, Congress passed a law that will take away access to health care, SNAP, and other essential services for many people with specific immigration statuses. Now, a new action by the Trump administration goes one step further, scaring people out of trying to access programs they remain eligible for. 

On November 19, 2025, the Department of Homeland Security published a proposed change in regulation that would alter the impact of “public charge.” This is a long-standing concept in the immigration system, but the Trump administration wants to ignore the system’s focus on family unification to favor wealthy and white immigrants. Here’s what the government is doing now. For someone who might apply for a green card in the future, this is especially applicable. 

What is public charge?

Since the 19th century, immigration laws have included a restriction for people who would become primarily dependent on the government for day-to-day living. Historically, however, only people who have used or may need certain types of government assistance (such as cash assistance or long-term institutionalization, like in a medical facility) could be found ineligible for a visa or a green card, because they may become a “public charge.”      

This is the way the “public charge” test has been narrowly defined and has not included the use of SNAP or other non-cash public benefits and social safety-net programs, or emergency support services. 

What are the current public charge rules?

As the law stands now, people applying for green cards must have a clear understanding of which benefits do and do not apply to them. This can offer them clarity and peace of mind in getting the support they need to protect their families and thrive in their communities. With clear information, they can more confidently adjust their status to get a green card, knowing it will not jeopardize their ability to remain in the United States with their loved ones, the careers they’ve developed, the friendships they’ve made, and the neighborhoods they’ve contributed to.  

Although the regulation was finalized in 2022, it follows decades of precedent that have survived various political headwinds, proving that it’s a clear interpretation of the law as written and it is effective at providing guidance for immigration officials. 

What could change under the new proposed rule?

Right now, the Trump administration’s proposal is to get rid of the rule altogether, with no replacement, meaning there won’t be any clear guidance on what benefits will count toward public charge, and how they will be applied. If that proposal is finalized, immigration officers may be directed to “use their discretion,” a recipe for arbitrary and discriminatory application of the law. 

It creates inconsistency and inequity while upending the long-settled definition of “public charge,” reaching beyond even the first Trump administration’s proposed changes in 2019, which were resoundingly rejected by the courts. As a result, people may avoid health care and nutrition services they are eligible for, which lays the groundwork for public health crises and skyrocketing public health costs, among other negative outcomes.

Why does this matter?

According to NILC president Kica Matos, this is “another attack designed to sow fear and confusion in immigrant communities. Trump’s obsession with public charge is horribly consistent with his vision to remake the U.S. into a country where only the white and wealthy belong and can get ahead.” Read the full statement here.  

While those applying for a visa or green card will experience the most immediate effects, all Americans should be concerned about the vision of evaluating a person’s wealth to determine their value. Given the Trump administration’s drawn-out fight to keep SNAP benefits from those who qualify, it’s clear that the government’s focus is not on sustaining American livelihoods, but on leveraging poverty and assumptions about race, national origin, and economic status for political gain. 

How can I comment on this change?

You have until December 19, 2025, to let the government know you oppose getting rid of the 2022 guidance. The government has to consider any comments it receives, but it does not have to make changes in response.  

You can also share this information widely with your family, friends, and community members. Let them know about this proposed change, how it affects them and their loved ones, and what they can do to be proactive and assert their voice. 

Where can I learn more?

For more details and analysis, visit our resource page on the proposed public charge change.