USCIS has issued a proposed rule to rescind the 2022 public charge regulations and invite public comment. The proposed rule would expand officer discretion when evaluating whether an applicant is likely to become a public charge, necessitating a case-by-case analysis and minimizing reliance on a single affidavit of support.
USCIS Aims to Rescind Public Charge Regulations of 2022
U.S. Citizenship and Immigration Services plans to remove most of the 2022 Public Charge Final Rule through a notice of proposed rule making. The new rule would give officers more flexibility when deciding if an applicant is likely to become a public charge in the future. It would focus on the specific details of each case rather than strict standards.
Currently, the rule states that officers should make decisions based on the overall situation of an applicant, considering statutory factors and specific case information. It seeks to restore discretion in line with congressional intent and to move away from the bright-line standards of the 2022 rule. These standards limit the types of public benefits that could be considered when determining admissibility.
Public Participation and Comment Process
As a result, the DHS is soliciting public comments on the proposed rescission. Comments must refer to a particular portion of the NPRM and should be accompanied by supporting data, reasoning, or authority. Comments not received through the formal process or that do not reference the DHS Docket number USCIS-2025-0304 will not be considered.
All submissions should be provided in English or accompanied by an English translation and will be publicly available on the Federal eRulemaking Portal at www.regulations.gov. Submitters should avoid including personal information, as all comments become part of the public record. Public comments will inform DHS in developing workable and effective policy and interpretive guidance to advance future public charge determinations.
Regulatory Changes and Implications
The NPRM proposes the removal of some salient features, including:
- 8 CFR 212.20 – Applicability of public charge inadmissibility
- 8 CFR 212.21 – Definitions
- 8 CFR 212.22: Public charge inadmissibility determination
- 8 CFR 212.23 – Exemptions and waivers
The changes are designed to allow the officer to make a decision that properly accounts for an applicant’s circumstances, including individualized factors relevant to the case and empirical data. The rule removes limitations on the types of public benefits that may be considered, enabling more nuanced evaluations of an applicant’s potential reliance on government assistance.
Potential Impacts of the Proposed Rule
DHS reports that eliminating the 2022 restrictions could impact the use of federal and state benefits. Some families may opt to disenroll from or not participate in various public programs, which could lower federal and state transfers by billions in the coming decade. DHS also listed related downstream consequences for healthcare providers, nonprofits, grocers, agricultural producers, and federally funded housing programs.
While the rule is designed to provide improved individualized determinations, DHS recognizes that enrollment trends and benefit usage may change and cannot precisely determine the full economic impact of this rule.
Looking Ahead
The proposed rescission represents a significant departure from how public charge determinations are made, toward more individualized, case-by-case analysis and increased officer discretion. Immigrants, families, and stakeholders are encouraged to review the NPRM, submit comments during the open period, and prepare for assessments that consider the full context of applicants’ circumstances.
ImmigrationQuestion.com will continue to monitor developments, report updates, help immigrants understand these ever-evolving regulations, know their rights, and connect them with licensed attorneys to guide them through challenging public charge issues.
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