On November 19, 2025, the government issued a notice that it intends to rescind the 2022 Biden rule that guides public charge inadmissibility determinations in cases decided by U.S. Citizenship and Immigration Services (USCIS). This is just a proposal. The 2022 rule (current policy) remains in effect. Under the 2022 rule that remains in effect many programs do not raise public charge concerns, including: health care programs like Medicaid and COVID care, housing, nutrition programs, and many other vital services. Only applicants deemed likely to become primarily dependent on cash aid for income maintenance or long-term care at government expense could be denied for public charge.

The public charge test only applies to some programs and some immigrants. Regardless of whether the current rule is rescinded in the future, these points about public charge remain true and cannot be changed by regulation:

• It never applies to U.S. citizens, including the U.S. citizen children of immigrants.
• It also doesn’t apply to most people with a green card, or asylees, refugees, people with U visas, T visas, VAWA, and many others.

Additionally, changes to public charge immigration policy never alter immigrant eligibility for public benefits. Public charge decisions happen when someone applies for their green card or to immigrate to the United States.

Consular processing warning: Those who will be leaving the United States to apply for their green cards abroad, at a U.S. consulate or embassy, should be aware that the Department of State has already issued new guidance that will likely expand the number of individuals who are denied for public charge. If you will be leaving the United States to consular process, check in with a trusted advocate before leaving the country. To find free or low-cost immigration legal advice, go to ilrc.me/gethelp.