What’s Happening

The Department of Homeland Security (DHS) has issued a proposed regulation that would rescind the 2022 Biden Administration Public Charge Rule governing adjustment of status applications for green cards. In its place, DHS intends to rely on policy guidance - rather than a new regulation - to implement a substantially broader public charge framework. If finalized, the rescission would pave the way for a more expansive interpretation of the statutory public charge ground of inadmissibility, lowering the threshold for findings of likely public charge and significantly widening the range of benefits and circumstances considered during adjudications. The rule is currently open for a 30-day public comment period, until December 19, 2025.

“Public charge” is a U.S. immigration term used to describe someone who is likely to depend mainly on government assistance for income or long-term care and serves as a ground of inadmissibility that immigration officials may rely upon when deciding to approve or deny certain immigration benefits.