Proposed DHS Rule Could Change How Green Card Applicants Are Evaluated
A new proposal from the Department of Homeland Security (DHS) could mark one of the most significant immigration policy shifts in recent years, potentially making it harder for lawful immigrants who receive public benefits to qualify for permanent residency.
The proposal seeks to repeal the Biden administration’s 2022 Public Charge Rule, a regulation designed to protect immigrants from being penalized for accessing essential benefits such as Medicaid, food assistance, or housing aid. If reversed, immigration officers would again have broad discretion to deny green card applications based on whether they believe an applicant might become dependent on public assistance.
What the “Public Charge” Rule Means
Under U.S. immigration law, a “public charge” determination allows immigration officials to deny entry or permanent residency to applicants who are deemed likely to rely primarily on government support.
The 2019 version of the rule, introduced under the Trump administration, expanded this definition to include non-cash benefits such as Medicaid, Supplemental Nutrition Assistance Program (SNAP), and public housing. The Biden administration later rescinded that policy in 2022, restoring the narrower interpretation that only applies to cash-based programs and long-term institutional care.
If DHS’s new proposal moves forward, it could once again broaden the range of programs considered when evaluating green card applicants. This could potentially include health care and nutrition programs that are currently excluded.
Potential Impact on Arizona Immigrants
For many Arizona families, especially those in mixed-status households, the reinstatement of a broader public charge standard could create uncertainty about accessing essential services. Even lawful residents who are fully eligible for public programs might avoid seeking medical care or nutrition assistance for fear it could affect their immigration status.
Immigration advocates warn that confusion about the rule’s scope could cause what’s known as a “chilling effect,” discouraging families from using benefits they qualify for. Health providers in Arizona have also noted that these fears can lead to delayed care, increased emergency room visits, and greater strain on local health systems.
At the same time, DHS officials have argued that the policy change would restore long-standing expectations that immigrants be self-sufficient and not dependent on government aid. The agency has filed its proposed rule, “Public Charge Ground of Inadmissibility,” with the Federal Register, where it will undergo a public comment period before any final action is taken.
What Happens Next
The proposal’s publication on November 19 will begin a notice-and-comment phase, during which advocacy groups, legal experts, and members of the public can provide feedback. That input will help shape the final rule, but until then, current protections under the 2022 Public Charge Rule remain in effect.
Arizona residents applying for green cards or adjustment of status should not make changes to their health or public benefit use without first consulting a qualified immigration attorney. In many cases, exemptions exist for specific categories such as refugees, asylees, veterans, and survivors of trafficking or violence.
How Harmony Law Can Help
Immigration law is constantly evolving and every policy change can carry serious consequences for your future in the United States. At Harmony Law, we help families across Arizona understand how proposed federal rules may affect their eligibility for permanent residency, work authorization, and public benefits.
If you live outside Arizona, Harmony Law’s national reach can connect you with a highly experienced immigration attorney who provides big-firm service without the big-firm price.
Contact Harmony Law For Your Immigration Law Needs
Contact Harmony Law today at (888) 427-1280 to schedule a confidential consultation and safeguard your future.
