Comments on DHS proposed rulemaking: Shifting immigration public charge rules to agency guidance

The concept of “public charge” is important in immigration proceedings: individuals may be denied visas, admission to the United States, or adjustment of status if they are found likely to become a public charge. The authors submitted the comment letter to the Department of Homeland Security (DHS) on December 19, 2025, in response to a Notice of Proposed Rulemaking that proposes to substantially repeal current public charge regulations concerning adjustment of status. The notice indicates that DHS would instead provide guidance to officials, who would then make subjective determinations about whether to deny adjustments of status on public charge grounds.

In their comments, the authors recommend that DHS not move forward with its proposed approach. While the authors do not believe that DHS has justified any change from current regulations, the authors urge that:

• Public charge criteria should be clear to both officials and individuals seeking adjustment of status, and should not based on the subjective judgment of individual officers.
• The approach being considered by DHS would both greatly expand which benefits and assistance would be potentially considered in a public charge determination, and would leave applicants and their families uncertain which benefits and assistance would be counted and under what circumstances.
• The proposed approach either seeks to deter or is indifferent to the consequences of deterring eligible citizens and non-citizens from receiving public benefits. Such deterrence is not a valid policy goal and DHS is inadequately considering the negative consequences of such deterrence.

Read the full comment letter here