CSPI condemns DHS public charge rule that will drive eligible families away from nutrition assistance programs

CSPI condemns the Department of Homeland Security's final public charge rule, which sows chaos, bias, and fear throughout the legal immigration system. In the final rule, DHS has dismantled the clear protections of the 2022 framework that kept non-cash programs, including nutrition assistance, out of public charge determinations. Now, immigration officers have discretion to weigh a broader range of public benefit programs like SNAP, WIC, income-based school meals, and, in some circumstances, benefits used by children who are US citizens as evidence against families seeking permanent residence. As a result, this change will likely drive eligible families away from the nutrition support programs for which they legally qualify.

DHS finalized the rule despite acknowledging in its own analysis that it may lead to worse health outcomes, including increased malnutrition among pregnant women, infants, and children. DHS recognized these harms and callously chose to move forward anyway. The predictable toll is more hunger and more food insecurity for the families this country should be protecting.

This rule could be even more harmful when communities are in crisis mode. Commenters on the proposed rule, including CSPI, urged DHS to address how disaster assistance, including programs like Disaster SNAP that families rely on during recovery from hurricanes, floods, and wildfires, would impact public charge determinations. DHS’s analysis does not meaningfully account for implications for disaster-related programs. By not naming which programs are exempt, the final rule leaves families fearful that accepting emergency food assistance could be held against them.

No family should have to choose between being fed and protecting their safety and future in this country.