Federal Register :: Public Inspection: Public Charge Ground of Inadmissibility

This final rule, published by the Department of Homeland Security (DHS), rescinds the 2022 public charge ground of inadmissibility regulations. DHS determined that the 2022 rule was overly restrictive and inconsistent with congressional intent, hindering the ability of officers to make accurate, individualized, and fact-specific determinations. By removing these rigid definitions and frameworks, the new rule restores broader discretion for officers to evaluate the totality of an alien's circumstances, including mandatory statutory factors and receipt of means-tested public benefits. The rule also updates regulations regarding the breach and cancellation of public charge bonds. DHS estimates a significant reduction in transfer payments from Federal and State governments, totaling approximately $13.05 billion annually, due to potential changes in benefit enrollment behavior.

1. I. Executive Summary 2. II. Background 3. III. Response to Public Comments on the Proposed Rule 4. IV. Amendments to Cancellation and Breach of Public Charge Bond Provisions 5. V. Removal of 8 CFR 212.20, Applicability of Public Charge Inadmissibility 6. VI. Removal of the Public Charge Regulatory Definitions 7. VII. Removal of the Public Charge Inadmissibility Determination Framework 8. VIII. Elimination of List of Exemptions and Waivers (8 CFR 212.23) 9. IX. Statutory and Regulatory Requirements