EL PASO, TEXAS — The U.S. Department of Homeland Security (DHS) released final regulations Thursday concerning administration of federal immigration law’s “public charge” provision, which applies to many lawfully present immigrants applying for “green cards.” An initial reading of the final regulation suggests that, despite legal requirements to consider public comments, the Trump administration largely disregarded the thousands of comments opposing the proposal issued last fall.
The proposal rescinds regulations adopted in 2022 that clarified the nation’s public charge policy, limiting the type of benefits considered in a public charge test to cash assistance for income maintenance or long term institutionalization at government expense. By removing those guardrails and providing nothing in its place, it opens the process to political influence and personal bias.
This concern was detailed by a comment opposing the proposal, which was co-signed by 725 organizations and submitted in December by the Protecting Immigrant Families Coalition (PIF). The comment warned that the deliberately vague proposal would deter lawfully present immigrants and U.S. citizens in immigrant families from seeking care and help for which they qualify under federal law.
A related Trump public charge regulation implemented in February 2020 was ruled illegal by a federal court and struck down in March 2021. While that regulation’s technical application was limited to a small number of lawfully present immigrants applying for green cards, the deterrent “chilling effect” was much broader. A 2021 survey found that about half (46%) of people in immigrant families who needed care or help during the pandemic did not apply because of immigration concerns.
With immigrant families accounting for 28% of the nation’s population, the final public charge regulation threatens the health and wellbeing of millions and undermines the nation’s health and economic stability. And as half the people in immigrant families are U.S. citizens, the harm resulting from this regulation extends well beyond immigrants.
In addition to the PIF-led comment, hundreds of organizations with expertise in health, food security, and affordable housing opposed the proposal. The final regulation also runs counter to public opinion. A March 2026 PIF poll found that 83% of Americans want lawfully present immigrants to be able to get care and help when they need it.
Responding to the final regulation’s publication, PIF issued the following statement from its executive director, Adriana Cadena.
“This regulation is a direct assault on immigrant families, and a threat to our country’s health and economic security. The last time they widened the public charge policy, millions of U.S. citizens in immigrant families suffered. Whether it’s on the streets of Maine or Minnesota or in the process used to evaluate green card applications, the Trump administration is basing immigration decisions on bias and politics, regardless of the resulting harm. This is not what the American people want, and this administration must be stopped.”
