DHS Proposes Rule to Rescind 2022 Public Charge Regulations

Key Point  

• DHS plans to rescind the 2022 public charge rule, expanding officer discretion over public benefit use 

Proposed Changes Heighten Scrutiny of Public Benefits in Immigration Cases 

The Department of Homeland Security (DHS) has released a Notice of Proposed Rulemaking (NPRM) that would rescind the 2022 public charge regulations and reinstate a broader interpretation of inadmissibility under the Immigration and Nationality Act (INA).  

The proposal, set for publication in the Federal Register on November 19, 2025, would expand immigration officers’ discretion in evaluating applicants’ reliance on public benefits. 

Implication of the Rule  

Key changes under the rule include the following:  

Expanded Officer Discretion

• Officers could weigh a wider range of means-tested benefits beyond cash assistance or long-term care.
• DHS states that removing rigid definitions and standards from the 2022 Final Rule would enable individualized, case-by-case determinations based on the totality of each applicant’s circumstances.

Removal of 2022 Definitions

• DHS intends to eliminate restrictive terms such as “likely at any time to become a public charge.”
• The agency views this change as removing overly restrictive provisions that limited officers in making public charge inadmissibility determinations.

Bond Clarification

• Receipt of any means-tested benefit would be considered a breach of public charge bond conditions.

Looking Ahead  

The Federal Register will publish the NPRM and keep it open for a 30-day comment period. Stakeholders can submit feedback through the Federal eRulemaking Portal.

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