WASHINGTON, DC— The National WIC Association (NWA), representing service providers and participants of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), today issued a strong comment of opposition to a proposed rule published by the Department of Homeland Security (DHS) regarding the “public charge” ground of inadmissibility.
Public charge determinations can carry enormous weight, influencing whether some immigrant families can remain together in the United States or obtain lawful status. The term “public charge” currently refers to a person who is likely to become mainly dependent on government cash assistance or long-term care paid for by the government. Public charge determinations are made during applications for green cards or visas. The proposed rule would rescind the clear, well-grounded 2022 final regulations on public charge without offering replacement language, meaning that public charge determinations could be made at the discretion of individual immigration officers, with no clear rules or parameters.
Instead, DHS states it will, at some unspecified future date, create new internal guidance and tools to direct immigration officers in making public charge assessments, without first allowing public input on those significant changes.
In response, the National WIC Association has released a public comment, and CEO Georgia Machell issued the following statement:
“This proposed rule is an irresponsible and dangerous step backward. By ripping out established regulations without putting clear protections in their place, the Administration is creating a chilling effect that will force families to choose between the nutrition and healthcare they need and their future immigration status. This isn’t just a theoretical concern—it’s a direct threat to the health of pregnant women, infants, and young children.
“WIC is a proven public health success story, improving birth outcomes, reducing childhood anemia, and setting children on a path to lifelong health and productivity. Yet this rule opens the door for immigration officers to potentially consider a family’s use of WIC against them. This contradicts Congressional intent, decades of legal precedent, and the Trump Administration’s own recognition of WIC’s role in strengthening maternal and child health. ’
“The rule’s vagueness is especially damaging. It removes all guardrails on what benefits can be considered, suggests that benefits used by family members could be counted, and hands extraordinary subjective power to individual officers. This will inevitably drive families away from vital programs like WIC, Medicaid, and SNAP out of fear. The administration’s own analysis acknowledges this will lead to worse health outcomes, including increased malnutrition and emergency room use.
“We have seen this play out before, and we know the result: children go hungry, prenatal care is skipped, and health declines. For over 50 years, WIC has fought to prevent these exact outcomes. This rule undermines that mission.
“NWA strongly urges DHS to withdraw this proposal immediately. Our nation’s strength lies in the health and well-being of all families. We cannot allow regulatory ambiguity to punish families seeking basic nutrition and health care.”
Read NWA’s full public comment here.
Submit your own public comment here.
Additional Information:
National WIC Association: Public Charge and Immigration Resources
Protecting Immigrant Families: Public Charge Regulation Toolkit