On December 19, 2025, APA Services submitted a formal response (PDF, 318KB)opens in new window to the Department of Homeland Security’s (DHS) Notice of Proposed Rulemaking (NPRM), Public Charge Ground of Inadmissibility. The proposed rule would give immigration authorities expanded discretionopens in new window to determine that an individual is a “public charge” based on their past enrollment in non-cash public assistance programs such as Medicaid and the Supplemental Nutrition Assistance Program (SNAP).
In its comments, APA Services expressed serious concern that the proposed public charge rule would negatively affect both the physical and mental health of immigrant communities, while creating widespread confusion and fear. APA Services also urged DHS to engage in meaningful dialogue with stakeholders to develop regulations that support access to life-saving behavioral health services while maintaining appropriate safeguards against fraud, waste, and abuse in federal health care programs.
The comments specifically addressed:
- The narrow classifications of non-citizens who may be eligible for public assistance under the proposed rule;
- The chilling effect the proposed rule will have and ultimately cause further confusion;
- The anticipated negative consequences for mental and physical health outcomes across immigrant communities.
For more information, contact: Serena Dávila or Andrew Strickland.