This is a PROPOSED rule. It is not in force, may change before finalisation, and may never be finalised.
Where it stands
Proposed
Nov 19, 2025
Final rule
None in our archive
What the document says
DHS proposes to rescind the 2022 public charge ground of inadmissibility regulations. The 2022 regulations are not the best implementation of the statute, inconsistent with congressional intent, unduly restrictive, and hamper DHS's ability to make accurate, precise, and reliable determinations of whether certain aliens are likely at any time to become a public charge. Rescission would restore broader discretion to evaluate all pertinent facts and align with long-standing policy that aliens in the United States should be self-reliant and government benefits should not incentivize immigration. DHS also proposes to address the breach and cancellation of public charge bonds.
Who the document names
Countries
Afghanistan
Where the document says this
- Afghanistan: “A citizen or national of Afghanistan (or a person with no nationality who last habitually resided in Afghanistan) paroled into the United States after July 31, 2021, who meets certain requirements, until March 31, 2023, or the term of parole granted, whichever is later.”
This document sets the rule but leaves the specific list of who it covers to a separate government determination. The list is not in this document, so we do not show one here. Check the issuing agency's own published list. “The public comments DHS received were considered and discussed in the subsequent notice of proposed rulemaking, Public Charge of Inadmissibility (2022 NPRM).”
A requirement the document states
“Under section 213A of the INA, 8 U.S.C. 1183a, certain aliens are required to submit a sufficient Affidavit of Support Under Section 213A of the INA executed by a sponsor who agrees to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable.”
Whether it applies to a particular person depends on facts this record does not have.
Related changes
Agency updatePublished Aug 18, 2026
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (INA). This revised guidance stems from the rescission of the Public Charge Ground of Inadmissibility (“2022 Final Rule”). This guidance becomes effective September 18, 2026.
Final ruleStated effective date Sep 18, 2026
DHS is rescinding the 2022 public charge ground of inadmissibility regulations ("2022 Final Rule"). The 2022 Final Rule was not the best implementation of the statute. It was inconsistent with congressional intent, unduly restrictive, and hampered DHS's ability to make accurate, precise, and reliable determinations of whether certain aliens are likely at any time to become a public charge. Rescission restores broader discretion for DHS officers to evaluate all pertinent facts and aligns with long-standing policy that aliens in the United States should be self-reliant and government benefits should not incentivize immigration. This rule also revises the breach and cancellation of public charge bonds regulations.
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SubscribeAbout this record
- Source
- Federal Register, checked Aug 2, 2026
- Review
- Classified automatically; not reviewed by a person
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