Homeland Security Moves to Target Immigrants Who Rely on Government Benefits
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A sign for the Department of Homeland Security in Washington on March 24, 2025. (Jim Watson/AFP via Getty Images)
By Jack Phillips
11/18/2025Updated: 11/18/2025

The Department of Homeland Security (DHS) on Nov. 17 proposed a rule that would give officials more latitude to deny permanent residency in or entry to the United States to people deemed likely to become primarily dependent on government support.

In the proposed rule, DHS signaled it was moving to repeal a 2022 rule from the Biden administration that narrowed the definition of government benefits and gave protection to some people with green cards or visas.

The proposed rule, titled “Public Charge Ground of Inadmissibility,” will be published in the Federal Register on Nov. 19.

“The 2022 regulations are not the best implementation of the statute, inconsistent with congressional intent, unduly restrictive, and hamper DHS’s ability to make accurate, precise, and reliable determinations of whether certain aliens are likely at any time to become a public charge,” the agency said in a notice.

During his first term, President Donald Trump implemented a rule in 2019 that expanded the definition of “public charge” to include public benefits such as non-emergency Medicaid and the Supplemental Nutrition Assistance Program (SNAP).

That rule penalized people seeking green cards, or permanent U.S. residency, if they used those programs for 12 months or more within a period of 36 months, although the rule was blocked in courts before it was rescinded by the Biden administration.

Since returning to office in January, Trump has initiated a widespread crackdown on illegal and legal immigration, including tightening rules on foreign-born individuals being allowed into the country.

The draft of the plan announced by DHS this week is modeled after the first public charge rule that was finalized in 2019.

The DHS said that rescinding the 2022 rule would provide “broader discretion to evaluate all pertinent facts and align with long-standing policy that aliens in the United States should be self-reliant and government benefits should not incentivize immigration. DHS also proposes to address the breach and cancellation of public charge bonds.”

The proposal also described the 2022 policy as a “straitjacket” on Homeland Security officers that prevents them from looking into “all factors and information relevant to an alien’s likelihood at any time of becoming a public charge.”

“Consideration of these, in the totality of the circumstances, will allow officers to more accurately assess an alien’s likelihood at any time of becoming a public charge using their good judgment,” the proposed rule states.

The proposed rule was criticized by immigration advocacy groups that are part of the Protecting Immigrant Families coalition.

“By creating chaos and confusion, it deters lawfully present immigrants and U.S. citizens from seeking health care and help they need and qualify for under federal law,” the coalition’s executive director, Adriana Cadena, said in a Nov. 17 statement.

Cadena also criticized the Trump administration’s enforcement measures targeting illegal immigrants for deportation.

Renee M. Willis, the head of the National Low Income Housing Coalition, said that after the United States had worked to “recover from the longest government shutdown in U.S. history and reductions in housing, food, and healthcare assistance, we cannot afford to implement policies that will increase uncertainty for millions of individuals and families.”

DHS said it would allow 30 days for public comment after the rule is published in the Federal Register.

The Associated Press contributed to this report.

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Jack Phillips is a breaking news reporter who covers a range of topics, including politics, U.S., and health news. A father of two, Jack grew up in California's Central Valley. Follow him on X: https://twitter.com/jackphillips5

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