US scraps 2022 public charge rule, new regulation takes effect Sept. 18

The U.S. Department of Homeland Security (DHS) has officially rescinded a 2022 rule concerning inadmissibility based on public charge. The new regulation, set to take effect on September 18, will apply to all adjustment of status applications submitted on or after that date.

The updated policy empowers immigration officers to evaluate the totality of an applicant's circumstances when determining if they are likely to become dependent on government assistance. While the use of public benefits remains a factor, it will no longer be the sole determinant of inadmissibility. The DHS stated that the new approach allows for a more holistic review, considering various indicators of an individual's ability to support themselves.

Under the new rule, immigration officials can examine whether an applicant has applied for, been approved for, or utilized public benefits that require an income or financial resource verification. The assessment will move beyond just monetary assistance and long-term government-funded institutionalization. The DHS believes that an individual's use of resources is a relevant indicator of their future self-sufficiency.

The rule being replaced, enacted in 2022, established a framework of seven factors, five of which were statutorily mandated, for assessing an applicant's circumstances. That system primarily limited the consideration of benefits to cash assistance for subsistence. The DHS argued that the 2022 system was overly restrictive, preventing officers from considering additional pertinent information about an individual's economic situation.