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Center on Disability comments urging the Department of Homeland Security to protect disabled immigrants and keep the 2022 public charge rule in place

January 16, 2026

Re: DHS Docket No. USCIS-2025-0304 – Public Charge Ground of Inadmissibility NPRM (RIN:1615-AD06)

Dear Secretary Noem,

My name is Jan Garrett, and I am the Deputy Director of the Center on Disability. The Center provides education, advocacy, and support to advance the full and equal participation of people with disabilities in all aspects of society. 

I am writing on behalf of the Center on Disability to urge the Department of Homeland Security (DHS) to withdraw the proposed rule that would cancel the 2022 public charge rule, which made it harder for immigration officials to consider a person’s disability when deciding whether they might one day rely on public benefits or become a “public charge.” Under the proposed new rule, individual DHS officers could decide for themselves who they believe might need benefits, which could make it less likely for disabled immigrants to have their immigration applications approved. It would significantly harm people with disabilities and their families and resurrect discriminatory policies that the current rules rightly corrected.

Relying on public benefits should never be used as a negative factor in immigration decisions. Having a disability does not determine whether someone will become a “public charge,” nor does it predict a person’s ability to contribute to their community, work, or live independently. Treating disability or reliance on public benefits as a barrier to immigrating to the United States is inaccurate, outdated, and discriminatory.

In fact, the purpose of programs such as Medicaid, which pays for many home- and community-based services (HCBS) such as personal care assistance, housekeeping, transportation, and employment supports, is to enable individuals with disabilities to earn a living and fully participate in their communities and local economies. Many HCBS programs covered by Medicaid benefit middle-income families and help them to support their children with disabilities, even if no other family member is eligible for Medicaid. Additionally, special education services offered under the Individuals with Disabilities Education Act are available to any child with a disability who qualifies, regardless of their income. For officers to make determinations of a likelihood to become a public charge based on the use of these Medicaid and education services would contradict the will of Congress, and include families who are “self-supporting” through work.  

Many people with disabilities seek to immigrate to the United States because they cannot access the medical care, treatments, therapies, or assistive technologies they need in their home countries. This proposed rule would penalize individuals for attempting to access essential and often lifesaving care that is simply unavailable in their area. 

Furthermore, this rule would discourage immigrants (both with and without disabilities) who have or who are in the process of receiving temporary or permanent status from accessing the services and supports they need, out of fear of not being able to renew or update their immigration status. No one should be denied the opportunity to survive, thrive, or live safely, whether they have a disability or need to use public benefits.

The 2022 public charge rule correctly recognized that:
  • Disability, by itself, does not necessarily indicate future reliance on government aid.
  • Use of health care, disability services, nutrition programs, housing supports, or other basic assistance should not be used against immigrants.
  • Families should not have to choose between safety and their immigration status.
Repealing the 2022 rule would:
  • Create fear in immigrant communities and deter people from seeking health care or disability-related supports.
  • Force families to decide between staying together and accessing necessary services.
  • Reinforce harmful stereotypes about disability and undermine principles of nondiscrimination.
  • Endanger people whose well-being or even survival depends on access to medical treatment available only in the United States.

The Center on Disability strongly opposes the proposed rule. DHS should uphold the 2022 public charge regulations and continue protecting immigrants, especially disabled immigrants, and their families from discrimination.

Thank you for considering my comments.

Sincerely,

Jan Garrett

Deputy Director

Center on Disability