Dec 18 Proposed Changes to Public Charge Rule Threatens Access to WIC, Medicaid, and More for Immigrant Children and Families

(December 18, 2025)

The Department of Homeland Security released a Notice of Proposed Rulemaking (NPRM) last month proposing to change public charge rules. This proposed rule would rescind protections for immigrants using public benefit programs, allowing officials to deny visas and green cards to individuals because of past participation in public benefit programs.

What is public charge?

US Citizen and Immigration Services (USCIS) may deny some people’s visa or green card applications if they find that the person is likely to become a “public charge” based on Federal statute. This is also sometimes called the “public charge test” in the visa or green card application process. Many people are exempt from the public charge test, as it is generally only applied to people seeking lawful permanent resident (LPR) status based on family sponsorship.

In 2022, public charge regulations codified a long-standing practice that only Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI) and Medical Assistance for long-term nursing home admissions should be considered in the public charge test, and that factoring in receipt by family members of these benefits is prohibited in public charge determinations.

Concerns about the new NPRM

The new proposal would eliminate 2022 regulations, but it does not propose new rules. However, the Administration said it may create internal guidance and tools to direct immigration officers in making public charge determinations, and stated that it might do so without first allowing public input. This makes it even more essential to comment on the proposed rule during this public comment period.

The proposed rule does not provide any guidance on which programs would not be considered, broadening the scope of what might be considered, such as Medicaid, WIC, and SNAP.

The proposal calls the rule prohibiting consideration of family members’ receipt of benefits “not necessary” and “an inappropriate limitation on immigration officers’ ability to consider relevant evidence.” The rule also removes the regulatory definition of “receipt (of public benefits),” which clarified that applying for or receiving benefits on behalf of family members is not considered “receipt.” This appears to leave it to the discretion of officers to consider benefits used by the applicant’s family members, including children, creating a variety of standards depending on the officer. This will make it challenging for families to know what benefits, including those utilized by children who are US citizens, will harm them in seeking LPR status.

This is concerning for households with mixed-immigration status, and would likely harm children, who might need to access public benefits such as Medicaid, WIC, and SNAP. Vulnerable populations such as immigrant families rely on these programs to build a healthier life. Permitting DHS officers to consider programs like WIC in the public charge test would deter WIC participation by pregnant women and young children, which would likely lead to worse health outcomes given that evidence demonstrates WIC improves birth outcomes and early childhood health and development.

The lack of clarity in the rule is likely to create a broad “chilling effect” among immigrant families, even those who are not directly impacted by the rule. In the past, these types of rules have discouraged immigrant families from enrolling in public benefits programs for which they or their family members are eligible.

In 2024, more than 5 million children participated in WIC, with parents or caregivers applying for WIC benefits on their behalf. One in four children are in a family with at least one immigrant parent in the US. According to a KFF analysis, about 13.4 million Medicaid or CHIP participants, including 5.9 million citizen children, live in a house with at least one noncitizen. These children are at risk for decreased enrollment under the proposed rule, which leaves much up to the discretion of the immigration office.

These estimates suggest more potential harm than the proposed rule suggested. In addition to the risk to children’s health and nutrition supports, the decreased enrollment in programs like CHIP and Medicaid will lead to uncompensated care for providers who rely on those programs for insurance billing. The proposed rule notes that worse health outcomes, including increased use of ERs, housing instability, and increases in uncompensated care and reduced revenue for providers are a likely result of the proposed rule.

Take Action
Comments are due by this Friday, December 19. Once you have your comment ready, go to https://www.regulations.gov/commenton/USCIS-2025-0304-0001.

Why your comment matters
The Administrative Procedures Act requires that the Administration review and respond to all comments in developing the final rule.

Comments are also important for telling the story to the broader public and outlining how families, providers, and their communities would be impacted by this rule.

Additional Information:
Read National WIC Association’s full public comment here and check out their Public Charge and Immigration Resources.

The Protecting Immigrant Families (PIF) coalition toolkit has a longer template and guide to understanding the public charge rule. Organizations can sign-on the PIF comment by December 18th at 5pm.

Cristina Codario, Allies for Children Policy Director