Important Update: In a Notice of Proposed Rulemaking published on November 19, 2025, the Trump administration made clear its intention to rescind the 2022 Final Rule and, at some point in the future, issue its own guidance on public charge determinations.
The final public charge rule from 2022 is still in effect until a new DHS rule is finalized. For questions and updates, please email pifillinois@povertylaw.org.
EFFECTIVE DECEMBER 23, 2022
The Biden Administration finalizes a new public charge regulation adding protections to secure immigrant families' access to the health and social services safety net.
New public charge rule clarifies that:
- A child’s or other family member’s use of federal safety net programs never affects the applicant’s immigration application
- Medicaid is safe for eligible immigrant families to use for any other health care need except for long-term use of institutional care
- SNAP, WIC, the Child Tax Credit, Section 8, and other “non-cash” federal programs (and state- and locally-funded versions of those programs) never affect immigration applications
- Many cash programs will not affect immigration applications: unemployment programs, LIHEAP, pandemic relief, veterans benefits and more.
- DHS can consider use of use of SSI, TANF, and state and local cash assistance for income maintenance. However, DHS will take into account how long the benefit was received and how recently, along with other factors like an individual’s education and skills, income, and affidavit of support in making a determination.
