DHS Moves to Roll Back the 2022 Public Charge Rule — Here’s What They Want to Eliminate and Why It Matters
- Таня В
- Dec 4
- 2 min read
The U.S. Department of Homeland Security has proposed one of the most significant immigration changes in recent years: the repeal of the 2022 Public Charge Rule and the introduction of a much stricter framework for evaluating financial self-sufficiency.
This change directly affects family-based green cards, employment-based green cards, and several humanitarian categories.
What Is Public Charge and Why Does It Exist?
The Public Charge rule allows immigration officers to deny a green card or visa if they believe the applicant is likely to rely on government benefits.
In other words:👉 “Negative factors” = signs the applicant may become a financial burden.
What the 2022 Rule Said (the rule DHS wants to eliminate)
The 2022 regulation was intentionally narrow and humanitarian. Officers were allowed to consider only two things:
cash assistance (TANF, SSI)
long-term institutionalization at government expense
Everything else had to be excluded:
❌ Medicaid, SNAP, WIC
❌ subsidized health insurance
❌ benefits received by U.S. citizen children
❌ future likelihood of applying for benefits
This significantly protected mixed-status families and low-income applicants.
What DHS Wants to Remove in 2025
Based on the NPRM text, DHS proposes to eliminate all limitations from the 2022 rule and restore wide officer discretion.
Here’s what will again count as negative factors:
1. Any type of public benefit
Not just cash assistance. This includes:
Medicaid
SNAP
subsidized medical programs
housing assistance
benefits for children
2. Benefits received by family members
Even U.S. citizen children.
3. Past benefit use — even brief
4. Future likelihood of relying on benefits
Even without past usage.
5. Expanded financial scrutiny, including:
income below 125% FPL
lack of assets
unstable employment
poor English skills
lack of health insurance
health conditions impacting work
This moves the system back toward the stricter 2019 standard
.
Why Is This Proposal Being Introduced?
The goals are clear:
reduce the number of approved green card applications
filter out financially “risky” immigrants
increase officer authority to deny cases
raise economic requirements for new immigrants
In practice, this becomes a financial barrier designed to reduce immigration overall.
What It Means for Applicants
If finalized:
USCIS could deny cases even with zero past benefits
applicants will need stronger financial documentation
families with children and low-income applicants will be most affected
many borderline cases that were approved under the 2022 rule will now face denial
This is one of the most consequential shifts in U.S. immigration policy in years.
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