New York City Department of Health and Mental Hygiene (DOHMH) and four other city agencies issued a statement on December 23, opposing the proposed new rule of “public charge” by the federal government. These agencies reiterated that New York City is committed to protecting all residents’ access to public services, regardless of their immigration status.
According to federal law, immigration officials can deny certain lawful permanent residency (green card) applications if they determine the applicant may become a “public charge”.
The Department of Homeland Security introduced a proposed rule on November 19, aiming to repeal the relatively clear rule issued by the Biden administration in 2022. The proposed rule grants immigration officials broad discretion to decide based on specific circumstances, such as health, financial capability, and the use of various public benefits including Medicaid, Women, Infants, and Children nutrition program (WIC), and Supplemental Nutrition Assistance Program (SNAP). Opponents are concerned that this broad discretion may lead to different immigration officials applying different standards.
On November 5, the U.S. Department of State notified overseas embassies via telegram to enforce stricter visa screening on “public charge”, allowing consular officers to deny visas if they believe the applicant may potentially rely on the government in the future. The screening covers health conditions, age, English proficiency, financial ability, family situation, educational skills, and even potential need for long-term medical care, with a focus on retirees or those nearing retirement.
The Biden administration’s 2022 rule revision excluded food stamps, WIC, Medicaid, and housing vouchers from the “public charge” criteria, incorporating only “cash assistance” and “long-term institutional care”.
In a joint opposition letter, the heads of New York City Department of Health, Mayor’s Office of Immigrant Affairs (MOIA), New York City Health + Hospitals (NYC H + H), and New York City Department of Social Services (DSS) expressed that the “public charge” rule proposed by the Trump administration would have devastating consequences for immigrants, penalizing those who rely on life-saving programs and services such as Medicaid, public housing assistance, and food stamps, putting them at risk of obtaining permanent immigration status.
It is estimated that these changes would lead to a reduction of 432,000 individuals participating in Medicaid and Children’s Health Insurance Program (CHIP), and 447,000 fewer people receiving food stamps, resulting in an annual reduction of approximately $9 billion in federal and state government public welfare expenditures.
The public feedback period for the proposed “public charge” rule ends on January 20, 2026. The New York City government stated that they will continue to update residents on the latest situation. For any inquiries, please visit the website nyc.gov/publiccharge, or call the immigration legal hotline at 1-800-354-0365.