Public Charge Rule
The “public charge” test has been part of federal immigration law for decades and is designed to identify people who are “primarily dependent” on certain government benefits, namely Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF) and comparable state and local cash assistance programs, and government-funded institutional long-term care (including through Medicaid).
The government can deny admission to the U.S. or refuse an application for lawful permanent residency (green card) to an applicant whom it determines is likely to become a public charge. This determination looks at the “totality of circumstances,” including the applicant’s age, health, family status, income and resources, education and skills.
In 2022, regulations on public charge issued by the Biden Administration went into effect. The Biden-era public charge rule is similar to the longstanding policy and clarifies that the only benefits considered in the public charge test are public cash assistance for income maintenance and long-term institutionalization paid for by the government.
The rule also clarifies that long-term institutionalization does not include home and community-based services or short-term institutionalization for rehabilitation purposes, and that Medicaid and other health programs are not considered unless they are paying for long-term institutionalization. Similarly, the current rule excludes food and nutrition programs, housing programs, and utility assistance.
November 2025 Trump Administration Proposed Rule
The Trump Administration has proposed a new public charge rule that will hurt older immigrants and the direct care workforce. On November 17, the Department of Homeland Security (DHS) published a proposed regulation which will rescind the 2022 Biden-era rule that interpreted public charge narrowly.
While the proposed rule does not replace the Biden-era rule, it does open the door for immigration officials to make arbitrary and biased decisions, such as speculating about a person’s future use of benefits. It also indicates that benefits can refer to any means-tested program and could put immigrants at risk if they apply or receive benefits on behalf of a family member.
The proposed regulation has a comment period which ends on December 19, 2025, after which the agency may finalize the rule. As of now, the 2022 Biden-era rule remains in effect.
Older immigrants deserve access to programs and services that allow them to age with dignity. There are over 8 million immigrants aged 65 and older in the U.S. who contribute to our communities, their families, and our economy.
The proposed rule adds to the many barriers older immigrants already face in accessing necessary support and creates fear that will deter them from accessing benefits to which they are entitled. It also hurts the direct care workforce who provide necessary care to older adults and people with disabilities. One in three workers who provide care at home are immigrants and, due to the low pay, often rely on Medicaid, SNAP, and other programs to meet their basic needs.
Resources
The Protecting Immigrant Families (PIF) Coalition has created templates and a sign-on letter for advocates to fight the proposed rule. It is important for advocates and aging services providers to tell DHS why this proposed rule will harm older adults, their families, and our communities.
- PIF Public Charge Organizational Sign-On Letter
- PIF Public Charge Detailed Sector Comment Template for Organizations
- PIF Public Charge Comment Template for Direct Services
- NILC Public Charge: What Advocates Need to Know About the 2025 Proposed Rule
Additional Background on Public Charge and Older Adults
- Justice in Aging’s Statement on How the Biden Administration’s Public Charge Rule Impacts Older Immigrants
- Justice in Aging's Comments on 2022 Public Charge Ground of Inadmissibility Proposed Rule
Older Immigrants & Medicare
Enrolling in the Medicare program and accessing its benefits can be complex and challenging for older immigrants, some of whom do not have a significant work history in the United States, are not citizens, or have limited English proficiency. Almost 7 million U.S. residents age 65 and older are immigrants, and 4 million Medicare beneficiaries are limited English proficient.
- Read our Issue Brief about Older Immigrants and Medicare to assist advocates working with older immigrants with understanding Medicare policies and practices most relevant to older immigrants.
Expanding Older Immigrants’ Access to Public Benefits
Federal public benefits provide critical support to older immigrants. But the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) greatly restricted immigrants’ access to federal public benefits, including programs that are critical to ensuring older adults can meet their basic needs. One of the restrictions is the “five-year bar,” which makes older immigrants ineligible for SSI, SNAP, Medicaid, and other programs for the first five years after attaining a “qualified” immigration status.
The LIFT the BAR Act, which has been introduced in Congress, would restore access to programs like Medicaid, SSI, and SNAP by removing the five-year bar and other barriers so that older immigrants and their families can get the support they need to keep a roof over their heads, access health care, and put food on the table.
