Dear John,

As you likely know, the Notice of Proposed Rulemaking (NPRM) from DHS on public charge was released for public inspection on Monday, November 17th and was officially published in the federal register today, Wednesday, November 19th. We have been anticipating this and are ready to demonstrate strong opposition to the proposed changes. We will need all of our partners involved in engaging key sectors for comments, advancing our messaging, and responding to community questions and concerns.

Highlights:

There will only be a 30-day comment period with comments due on December 19, 2025.
The NPRM rescinds the Biden 2022 public charge rule (other than a provision related to bonds). It does not rescind the 1999 public charge field guidance or formally replace it with a new public charge policy. However, the language in the preamble describes a potentially more damaging policy than even Trump’s 2019 rule that was blocked by the courts.
The docket that includes the NPRM also includes 11 additional documents, which are the proposed revised forms. There are new instructions and forms for Form 485, Application to Register Permanent Residence or Adjust Status; Form 945, Public Charge Bond; and Form 356, Request for Cancellation of Public Charge Bond.
The Biden public charge rule is still in effect until a new rule is finalized.

For more information:

PIF’s Statement to the Media
PIF’s Public Charge: What Advocates Need to Know
PIF’s Talking points for the press
NILC’s Public Charge: What Advocates Need to Know About the November 2025 Proposed Rule

Coming soon:

Community education materials
Campaign next steps