No Borders NewsOn December 19, 2025, Illinois Attorney General Kwame Raoul said he and other state attorneys general oppose a U.S. Department of Homeland Security (DHS) proposal tied to the “public charge” concept. The proposal would change how immigration officials may consider whether a person can obtain or keep legal immigration status.
Raoul’s office says the current DHS plan would increase uncertainty for immigrants and their families by discouraging people from using non-cash public benefits. The benefits mentioned include SNAP (food assistance) and Medicaid, as well as housing assistance such as Section 8.
The “public charge” idea has long been defined in federal guidance as someone primarily and permanently dependent on certain public cash assistance for income maintenance or on long-term institutional care at government expense. Under the Immigration and Nationality Act, a person who is likely to become a public charge is generally inadmissible and may be ineligible for lawful permanent residence.
Raoul’s statement points out that in 2019, the Trump administration tried to broaden the definition to include federally funded healthcare through Medicaid, nutrition support through SNAP, and Section 8 housing assistance. Illinois and other states challenged that approach, and the Biden administration reversed it. Now DHS is proposing to rescind the Biden-era rule and replace it with a framework that could again consider non-cash benefits as one factor.
According to the coalition, DHS’s proposal would give immigration officers broad discretion, which could lead people to avoid benefits they may be eligible for. The attorneys general also argue that if people lose access to preventive health coverage and nutrition support, they may end up seeking care only in emergencies—shifting costs to states, local governments, and public health systems. The coalition also says mixed-status families with U.S. children could be harmed when noncitizen parents or caregivers avoid benefits that help keep the household stable.
Raoul said the proposal should be withdrawn, calling it unlawful and contrary to how courts and Congress have interpreted “public charge.” The coalition’s comments were co-led by Raoul and attorneys general from California, Minnesota, and New York. For the exact legal arguments and the full proposal details, readers should review the official filing and DHS rulemaking materials linked from the attorney general’s announcement.