Comment Opposing DHS 2025 Proposed Public Charge Rule (USCIS-2025-0304), PWN et al. (2025)

A coalition of 67 HIV advocacy organizations, including CHLP, submitted a formal comment opposing the Department of Homeland Security’s (DHS) 2025 proposed Public Charge rule (USCIS-2025-0304). Authored by Positive Women’s Network, the comment was filed through the Federal Register on December 19, 2025.

The proposed rule would undermine the clear and limited standards established in the 2022 Public Charge Rule, replacing them with vague and undefined criteria that expand discretion in public charge determinations. These changes would inject fear and uncertainty into immigration decision-making, open the door to penalizing families for accessing benefits, and invite subjective judgments based on health conditions and other personal characteristics. The comment letter warns that the proposal would jeopardize access to essential health, nutrition, and social services and disproportionately harm immigrants living with or vulnerable to HIV—particularly women, gender-expansive people, and communities facing racial, linguistic, and structural inequities.

The comment urges DHS to withdraw the proposed rule in its entirety and maintain the 2022 Public Charge standards, which promote family stability and public health. It also calls on the agency to publish any criteria or decision-making tools in advance, ensure they are translated and open for public comment, and prevent policies that deter families from seeking healthcare or essential services out of fear of immigration consequences.