The issue of public charge has long caused fear and confusion in immigrant communities, particularly among Filipino families who value hard work, self-reliance, and supporting relatives both here and back home. In November 2025, the Department of Homeland Security (DHS) announced a new proposed rule that would significantly change how public charge is applied in immigration cases.
This article explains, in plain language, what the proposed rule means, why it matters, and what Filipino immigrants and their families should keep in mind.
What Is “Public Charge”?
Under U.S. immigration law, a person may be denied a visa, admission to the United States, or a green card if the government believes that the person is “likely at any time to become a public charge.”
Simply stated, public charge refers to whether an immigrant is likely to become primarily dependent on government assistance in the future. Importantly, the law does not say that receiving help automatically makes someone a public charge. The decision has always been meant to be forward-looking and based on the person’s overall life circumstances.
Why DHS Is Changing the Rules Again
DHS is proposing to rescind the 2022 public charge regulations, stating that they were too narrow and restrictive. According to DHS, those rules limited immigration officers’ ability to fairly evaluate each person’s situation and were inconsistent with how public charge had been interpreted for decades.
By removing the 2022 framework, DHS aims to return to a case-by-case, common-sense approach that looks at the totality of a person’s circumstances, rather than applying rigid definitions or checklists.
What the Proposed Rule Would Do
If finalized, the proposed rule would:
- Remove detailed regulatory definitions of “public charge” and related terms
- Eliminate the rigid analytical framework introduced in 2022
- Restore broader discretion to immigration officers to consider all relevant facts
- Continue to rely directly on the Immigration and Nationality Act (INA) and long-standing case law
In short, there would no longer be a strict regulatory formula for public charge determinations.
How Public Charge Would Be Evaluated Going Forward
Under the proposed rule, immigration officers would still be required by law to consider certain minimum factors, including:
- Age
- Health
- Family status
- Assets, resources, and financial situation
- Education and job skills
Officers may also consider other individualized factors, such as work history, family support, and affidavits of support (Form I-864), when required.
There would be no automatic denial simply because someone used public benefits. Instead, the officer would assess whether the person, in their specific circumstances, is likely to depend primarily on government support in the future.
Why This Matters to the Filipino Immigrant Community
Filipino immigrants often live in multigenerational households, support extended family members, and work in essential industries such as healthcare, caregiving, hospitality, and technology. Many families also belong to mixed-status households, where U.S. citizens, green card holders, and noncitizens live together.
Past public charge rules caused many Filipino families to avoid benefits they were legally entitled to, such as healthcare or nutrition assistance for U.S. citizen children, out of fear that doing so would jeopardize immigration applications.
While the proposed rule does not eliminate public charge concerns, it signals a move away from fear-based, one-size-fits-all decisions and toward a more balanced and realistic evaluation of immigrant lives.
Important Limitations to Understand
This proposed rule:
- Does not create a new definition of public charge
- Does not guarantee approval of any application
- Does not remove public charge from the law
- Does not override statutory exemptions or waivers created by Congress
It also does not yet have the force of law. This is still a proposed rule, and changes may occur before it becomes final.
What Happens Next
DHS is accepting public comments through December 19, 2025. After reviewing comments, DHS may issue a final rule and later publish policy guidance explaining how officers should apply the law. Until then, public charge determinations continue under existing rules.
Practical Advice for Filipino Immigrants
- Do not assume that using public benefits automatically harms your immigration case
- Seek legal advice before withdrawing from benefits or making major decisions
- Remember that each case is unique, and public charge is not decided by one factor alone
As always, accurate information—not fear—leads to better decisions.
Final Thoughts
This proposed rule represents a meaningful shift toward restoring fairness and discretion in public charge decisions. For the Filipino immigrant community, it offers cautious reassurance that immigration law can still recognize hard work, family support, and resilience—values deeply rooted in our culture. If you have questions about how public charge may affect you or your family, consult with a qualified immigration attorney who understands both the law and the community it serves.
