DHS Proposes New Public Charge Rule

Index

• What the New Proposal Would Change
• Which Benefits (Health or Social Programs) Could Be Considered?
• What Green Card Applicants Should Do Now

The Department of Homeland Security has proposed major changes to how immigration officers evaluate whether a green card applicant is likely to become a public charge.

The Notice of Proposed Rulemaking (NPRM), published on November 19, 2025, would end the 2022 public charge rule and replace it with a broader system that gives officers more flexibility.

Under the proposal, DHS and USCIS officers would have wider authority to consider an applicant’s financial stability, income, education, support network and other factors when determining whether the person may rely on government-funded services in the future.

What the New Proposal Would Change

Under the new proposal, DHS would roll back the 2022 public charge rule and replace it with a much broader approach. Instead of limiting officers to a narrow list of factors, the proposal would allow them to look at a wider range of information when deciding whether an applicant might rely on government support in the future.

Officers would be able to consider more types of public benefits, including health, social or even state-funded programs, if they believe those details say something about an applicant’s financial stability. In practical terms, this means an applicant’s income, education, work history, household support and overall circumstances could carry more weight during the review.

DHS says the goal is to let officers “evaluate all pertinent facts” and maintain the long-standing expectation that applicants be self-sufficient and not rely on government-funded services.

Which Benefits (Health or Social Programs) Could Be Considered?

Under the proposed rule, officers may review federal benefits such as SNAP or Medicare (if the applicant has access), state-funded health or social services and any programs that indicate long-term reliance on government support

It is important to note that many noncitizens do not qualify for these programs in the first place but the proposal would still allow officers to consider whether applicants or their households rely on such support.

Advocates say the proposal may discourage immigrants and their U.S. citizen family members from using services like health care or food assistance. Comments are due December 19, 2025, and comments on the forms are due January 20, 2026. The 2022 rule stays in effect until DHS finalizes any changes.

What Green Card Applicants Should Do Now

Current green card applicants will continue to be assessed under the 2022 standard. Applicants should continue providing strong financial evidence including income, assets and sponsor documents. Anyone concerned about how a future rule may affect their case should consult an immigration attorney early in the process.