In the final weeks of December 2025, the immigration landscape shifted dramatically. The Department of Health and Human Services (HHS), led by Deputy Secretary Jim O’Neill, began sending collection letters to U.S. citizens and permanent residents who sponsored immigrant family members.
This measure aims to recoup taxpayer funds spent on public benefits like Medicaid. If you signed an Affidavit of Support (Form I-864), this directly concerns you.
1. Why is the government collecting now?
It all comes down to the contract you signed: Form I-864. By signing, you promised the U.S. government two things:
- To maintain the immigrant’s income above 125% of the poverty level.
- To reimburse the state if the immigrant uses specific federal public benefits.
Although this law has existed since 1996, it was rarely enforced aggressively. However, following massive fraud scandals in Minnesota (the “Feeding Our Future” case), the current administration has adopted a “zero tolerance” policy to protect public funds.
2. Which benefits can they charge me for? (And which ones are safe)
It is vital to distinguish between safe aid and debt-generating aid.
Benefits that DO require reimbursement (“Means-Tested”):
According to federal guidelines, sponsors must reimburse income-dependent programs such as:
- Medicaid (Regular medical services, non-emergency)].
- SNAP (Supplemental Nutrition Assistance Program / Food Stamps)].
- TANF (Temporary Assistance for Needy Families)].
- SSI (Supplemental Security Income)].
- SCHIP (State Child Health Insurance Program)].
⚠️ WARNING – IMPORTANT 2025 UPDATE:
In July 2025, HHS updated its rules and now considers programs like Head Start (early education) as restricted federal public benefits. This means using these programs, previously considered safe, could now be under scrutiny.
Benefits that generally remain SAFE:
- Strictly Emergency Medicaid.
- Disaster relief assistance.
- Federal student loans.
3. When does my debt end?
Many sponsors mistakenly believe their responsibility ends if they get divorced or if the immigrant gets a job. This is false. A divorce DOES NOT void the I-864 contract.
Your financial obligation only ends if:
- The immigrant becomes a U.S. Citizen.
- The immigrant works 40 quarters (10 years) contributing to Social Security.
- The immigrant abandons the U.S. permanently and surrenders their Green Card.
- The sponsor or the immigrant passes away.
4. What do I do if I receive a collection letter?
Letters sent by Jim O’Neill warn of using “all available means” to collect.
- Do not ignore the letter: It is a precursor to a potential civil lawsuit.
- Verify the amounts: Sometimes the government mistakenly charges for emergency services (which are not reimbursable) or for periods when the immigrant was already a citizen.
- Seek legal help: An attorney can review if the debt is valid and help you negotiate or defend yourself.
Official Sources Consulted:
- USCIS I-864P Poverty Guidelines & Benefits List.
- HHS Press Release: Rescission of 1998 PRWORA Interpretation (July 2025).
- Statements by Deputy Secretary Jim O’Neill regarding Collection Letters (Dec 2025).
- • 4. USCIS Adjudicator’s Field Manual – Public Charge & Sponsor Liability.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration laws change rapidly. For your specific case, contact us for a legal consultation.
Sources:
https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf
https://www.nilc.org/resources/sponsored-immigrants-and-benefits/
