On November 17, 2025, the Department of Homeland Security (DHS) proposed a rule to rescind the 2022 rule that outlines the definition of what constitutes a “public charge,” which can be a ground of inadmissibility for persons applying for certain visas and green cards. The proposed rule is open for comments from the public until December 19.  

“Public charge” refers to a test that U.S. immigration officers at both DHS and the State Department use when reviewing whether an applicant for a temporary visa or a green card is inadmissible to the U.S. The test allows immigration officials to consider whether the person applying to immigrate is likely to become a “public charge” – meaning whether they would become significantly reliant on federal government support, usually financial. This type of test has been part of U.S. immigration law for over a hundred years. However, the types of government benefits programs that have been considered under the test have changed over time. Many people applying to certain visa categories have been exempted from the test, including refugees, asylees, victims of trafficking and people in certain nonimmigrant statuses. It is also important to note that most immigrants without green cards are not eligible for the types of benefits that would be considered under the test in the first place.  

This proposed rule would overturn a Biden-administration era rule from 2022 that narrowed the public charge determination to focus on participation in public cash assistance programs, or the likelihood of requiring long-term institutionalization paid for by the government. The 2025 DHS rule proposes overturning that definition, while leaving no clear definition in its place. 

Impact: A major problematic aspect of the proposed rule is that it does not offer new language or guidance to replace the 2022 rule. DHS says that it intends to offer new “policy and interpretive tools” to help guide adjudicators making public charge determinations, and that adjudicators will have broad discretion. This will leave few restraints on adjudicators, who will have no limits on the types of public benefits that could be considered in making a negative determination, possibly including any past or current means-tested benefits, and even including benefits received by family members. 

These changes to the public charge requirements are likely to discourage immigrants from accessing much-needed benefits that should be available to them to support themselves and their families, even when they are clearly entitled to them. Most immigrants without green cards in the U.S. are already not eligible for many benefits programs, but their family members might be, thus this could also discourage U.S. citizens from applying for public benefits they are entitled to like SNAP and Medicaid. DHS estimates the chilling effect caused by the rule is likely to reduce use of public benefits and safety net programs by billions of dollars per year, and DHS predicts that this new public charge rule will lead to increased poverty, housing instability, reduced productivity, and lower educational attainment, as well as increased prevalence of obesity and malnutrition and a higher prevalence of communicable diseases.