Today, the Department of Homeland Security (DHS) released a sweeping final rule on the public charge ground of inadmissibility. The rule is scheduled to be published on July 20, 2026 and will be effective 60 after publication. Justice in Aging condemns the final rule as yet another policy in the administration’s anti-immigrant agenda, which further jeopardizes access to essential health care and public benefits and harms older immigrants and immigrant communities more broadly.
Public charge is a test that applies to immigrants entering the United States or those seeking an adjustment in immigration status that aims to determine whether that individual will burden the government. For decades, the public charge test limited the factors that can be considered in making that determination, and recent regulations clarified that most public benefits would not count in public charge determinations.
However, in November 2025, DHS released a proposal to revoke existing public charge rules and guidance, instead giving immigration officers essentially unfettered discretion in making public charge determinations. Justice in Aging submitted comments that outlined the inequitable negative impact on older immigrants, especially on older adults of color and those with limited English proficiency, as well as immigrant caregivers.
DHS’s final rule removes important guardrails for immigration officers and clear guidelines for immigrants and their advocates, instead relying on the promise of future guidance, which will likely not be subject to public comment and bypass the democratic process. Not only does the new rule encourage discrimination in public charge determinations, but it further chills older immigrants from accessing public benefits due to fear and confusion about how their or their loved one’s use of benefits will be considered. The final rule betrays many older immigrants who lawfully relied on long-standing policy that stated they could use certain public benefits without negative impacts to their future efforts to change immigration status.
Justice in Aging will work with partners to analyze the new rule, educate our network, and advocate to mitigate its harms. Older immigrants are vital to our communities and deserve access to services they need to age with dignity without fear of immigration-related consequences.
