The Department of Homeland Security (DHS) has signaled its intent to reinstate and significantly expand the controversial “Public Charge” rule, which could jeopardize the permanent residency applications of countless lawfully present immigrants and their families.

For our clients and the broader immigrant community, this proposal represents an immediate threat to family stability and access to vital social safety net programs. At Cohen, Tucker + Ades, we are closely tracking these developments and preparing to guide our clients through the legal and practical implications of this shift.

The Proposed Change: Scrapping the 2022 Rule

On Monday, November 17, DHS posted a Notice of Proposed Rulemaking (NPRM) that outlines its plan to rescind the 2022 “public charge” regulation.

This is more than a simple repeal; it signals a fundamental return to and expansion of the policy direction of the previous administration. The 2022 rule—which has been in effect since December 2022—codified a long-standing, narrow interpretation of “public charge,” considering only:

1. Receipt of public cash assistance for income maintenance (e.g., SSI, TANF).

2. Long-term institutionalization for care at government expense.

Crucially, the 2022 rule explicitly confirmed that using non-cash benefits like Medicaid, SNAP (food stamps), WIC, and housing assistance would not count against an applicant seeking to become a Lawful Permanent Resident (LPR, or green card holder).

A Significantly Broader, More Subjective Standard

The new policy direction announced by DHS proposes to replace the clear, bright-line standards of the 2022 rule with a much broader and more subjective framework.

If this new guidance is finalized, the public charge standard will shift from focusing on an individual being “primarily dependent” on the government for subsistence to whether a foreign national is likely to become merely “dependent on public resources to meet their needs.”

This shift has three major, alarming implications:

1. Expanded List of Considered Benefits

The most significant expansion is the explicit plan to consider the use of means-tested public benefits, including Medicaid, SNAP, and various housing benefits, in an inadmissibility determination. This would reverse decades of established policy and practice.

2. Removal of the “Primarily Dependent” Standard

By eliminating the “primarily dependent” qualifier, the new policy dramatically lowers the threshold for being deemed a public charge. Immigration officers would have greater discretion to deny an application based on even limited or temporary use of assistance.

3. Heightened Risk of the “Chilling Effect”

Experience from the 2019 rule showed that the mere threat of this policy caused millions of eligible immigrant families—including U.S. citizen children—to avoid or disenroll from essential programs out of fear of jeopardizing a family member’s immigration status. This new proposal is expected to reignite that widespread fear, leading to worse health, nutrition, and housing outcomes for vulnerable families nationwide.

Your Voice Matters: The 30-Day Comment Period

The DHS proposal to rescind the 2022 regulation is a Notice of Proposed Rulemaking (NPRM), which will be formally published in the Federal Register tomorrow. This initiates a 30-day public comment period.

This is a critical window for concerned citizens, organizations, and legal professionals to make their voices heard. DHS is legally required to review and consider every unique comment submitted.

• What to Comment On: Focus on the negative impacts of the new, vague “dependent on public resources” standard; the harm caused by including non-cash benefits like Medicaid and SNAP; and the adverse public health consequences of the chilling effect.

• Actionable Step: Cohen, Tucker + Ades will be submitting comments and encouraging our networks to participate. We can provide guidance on effective advocacy during this short window.

Cohen, Tucker + Ades: Your Partner in a Changing Landscape

While this is still a proposed change, the underlying policy intent is clear. We anticipate a period of great uncertainty and increased scrutiny in the adjudication of permanent residency applications.

Our firm is committed to protecting the rights and interests of our clients. We are actively developing strategies to mitigate the impact of this proposed rule by:

• Reviewing Current and Pending Applications: Analyzing how the proposed changes could affect your specific case.

• Providing Strategic Advice: Counseling clients on the use of public benefits moving forward.

• Preparing for New Forms and Guidance: Ensuring all applications are prepared to meet the new, rigorous, and subjective evidentiary requirements.

If you or a family member is currently seeking adjustment of status or planning to apply in the near future, we urge you to contact us immediately for a consultation. Stay informed, stay engaged, and let us help you navigate this complex and concerning policy shift.

Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.

Sources:

Department of Homeland Security | Public Charge Ground of Inadmissibility, RIN 1615-AD06 

Politico |Trump revives policy penalizing immigrants for using safety net programs