DHS Public Charge Ground of Inadmissibility: Final Rule

This Federal Register publication (87 Fed. Reg. 55472 September 9, 2022) contains the final public charge rule and its regulatory history. This rule was issued by the U.S. Department of Homeland Security (DHS) and provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. The rule restores the historical understanding of a ‘public charge’ that had been in place for decades confirming that receipt of public health benefits such as Medicaid and nutritional assistance are not part of the public charge inadmissibility determination. Under this rule, as under the 1999 Interim Field Guidance that was in place for most of the past two decades, a noncitizen would be considered likely to become a public charge if DHS determines that they are likely to become primarily dependent on the government for subsistence.