The Department of Homeland Security has proposed a rule to rescind the Biden Administration’s 2022 “public charge” rule. The 2022 rule allows DHS to deny a petition to adjust immigration status or extend a stay because an alien is, or is likely to become, “primarily dependent for subsistence” at the government’s expense, i.e., a “public charge,” typically because they receive cash assistance. The current rule does not consider non-cash benefits such as Medicaid and SNAP. The proposal would remove these and other restrictions, allowing DHS officers to consider a wider range of public benefits when assessing whether an applicant for admission or adjustment of status is likely to become a public charge.
The proposed rule states DHS’ intent, after the rescission of the 2022 regulations, to publish appropriate policy and interpretive tools to guide determinations of public charge inadmissibility.