USCIS seeks to modify the public charge rule
On November 17, 2025, the Department of Homeland Security (DHS) and Citizenship and Immigration Services (USCIS) published a proposed regulation to repeal the 2022 Public Charge rule, currently in effect. This proposal does not introduce a new formal rule, but it does signal an important change in how USCIS could interpret public charge in the future.
What does this change propose?
The proposal indicates that USCIS could reconsider any past or future use of public benefits, including those never previously included, as “need-proven” benefits (e.g., SNAP/EBT).
It also suggests that USCIS could issue new internal guidance without a public comment process. If this proposal becomes final, immigration officers would have greater discretion in deciding who can obtain permanent residency, which could lead to inconsistent results.
What would change if the proposal becomes the final rule?
- There would be no clear or uniform criteria on how USCIS would assess public charge.
- These could be benefits that were never previously part of the analysis.
- People who received benefits legitimately may fear immigration consequences.
- It would increase confusion and the risk of arbitrary decisions.
If you have questions or require assistance, you can contact IACO Immigration and American Citizenship Organization. Our team can answer your questions and provide support. Call us at 973-472-4648 or write to us at info@iacoimmigration.org