Comment on rule expanding grounds for immigration inadmissibility based on use of government benefits (Department of Homeland Security)

In partnership with New York City and 16 local governments, Public Rights Project opposed the Department of Homeland Security’s proposed Public Charge rule — a policy that would make it harder for immigrants to enter or remain in the U.S. if they use government benefits like Medicaid, food stamps, or housing assistance.

The proposal would allow immigration officials to consider any use of public assistance — even briefly — when determining whether someone is eligible to enter or remain in the country. This gives officials unchecked power with no clear guidelines. This reverses longstanding policy that only considered cash assistance or long-term institutional care. The rule would disproportionately hurt communities of color, women, and people with disabilities by creating fear around accessing basic services like healthcare and food assistance.

DHS failed to follow the Administrative Procedure Act, the law requiring agencies to analyze impacts and provide adequate public notice. The vague standards also create constitutional problems, leading to arbitrary decision-making that will harm marginalized communities.

If immigrant families stop using assistance out of fear, cities will face increased emergency room costs, public health risks when people avoid medical care, rising homelessness, and the burden of responding to widespread community confusion.

We’re urging DHS to withdraw the proposal.