BMSJC Opposes DHS's Proposed Public Charge Rulemaking

On December 18, 2025, the Barbara McDowell Social Justice Center filed its Public Comment in strong opposition to the Department of Homeland Security’s (DHS’s) Notice of Proposed Rulemaking regarding the public charge grounds for inadmissibility.

DHS proposes to entirely rescind the current (2022) public charge rule and redefine public charge criteria in a manner consistent with the Administration's immigration agenda. DHS proposes to resurrect the Administration’s unlawful 2019 public charge rule that federal courts repeatedly rejected, but offers no evidence that the 2022 rule is flawed or unworkable. Instead, it eliminates clear standards, invites unguided officer discretion, and relies on future subregulatory guidance in violation of the Administrative Procedure Act. DHS also ignores profound reliance interests created by long standing assurances that lawful use of non-cash benefits would not jeopardize immigration status and improperly penalizes past lawful conduct. 

The proposed rule will deter eligible families from accessing healthcare, nutrition, and housing assistance, harm children, and impose significant public health and economic costs. The proposed rule also raises serious constitutional and disability-rights concerns.

In its Comment, the Barbara McDowell Social Justice Center urges DHS to withdraw the proposed rule and focus its efforts at advancing policies that support the current public charge regulations and the ability of families to support themselves.