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Public Charge

Important Update – December 2025

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.

What is Public Charge?

Public charge is a part of federal immigration law that applies to certain immigrants applying for legal permanent residency (green card) or a visa to enter the U.S. Immigration officials review a person’s age, income and financial status, health, education, skills, financial sponsor, and personal use of certain public programs to determine if they are likely to use the specific federal public benefits in the future. If federal immigration officials determine that the person is likely to use specific public benefits in the future, they will be determined to be a public charge and their green card application or visa could be denied.

As of December 23, 2022, immigration officials will only consider whether or not a green card applicant is likely to use any of the following 2 programs at some point in the future:

  • Long-term institutionalization paid for by the government (such as nursing home care or mental health institutionalization).
  • Cash assistance for income maintenance [supplemental security income (SSI), temporary assistance to needy families (TANF), state or local general relief or general assistance].

Who Does It Affect?

  • Public charge mainly affects those applying for a green card through a family-based petition.
  • It does not apply to humanitarian immigrants such as refugees, asylees, survivors of domestic violence, trafficking and other serious crimes, such as those with a U visa, T visa, VAWA visa, or Special Immigrant Juvenile Status or to certain individuals paroled into the U.S.
  • It does not apply when a person is applying for U.S Citizenship, renewing their green card or applying or renewing DACA or TPS.

2022 Final Public Charge Rule

On December 23, 2022, the Biden Administration finalized a new public charge regulation adding protections to secure immigrant families’ access to the health and social services safety net.

The 2022 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.

Protecting Immigrant Families Illinois Coalition

The Latino Policy Forum is a co-convener of the Protecting Immigrant Families Illinois Coalition (PIF-IL), a statewide coalition of advocates, service providers, and community organizations working to defend access to basic essential needs programs for all. To learn more about the coalition and to get more information and resources, please visit the Protecting Immigrant Families Illinois website.

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