DHS Announces Public Charge Final Rule Is In Effect

On Dec. 23, 2022, the Department of Homeland Security's (DHS's) Public Charge Ground of Inadmissibility final rule took effect. The final rule reverts to the historical meaning of "public charge" that was in place before the Trump administration began to consider certain public health benefits, such as nutritional assistance and Medicaid, as part of the public charge inadmissibility determination.

Previously, DHS issued an Advance Notice of Proposed Rulemaking (ANPRM) to seek public input on how DHS should define the term "public charge." DHS concluded that under the final rule, it will consider an applicant's "age; health; family status; assets; resources, financial status, education and skills," along with an Affidavit of Support Under Section 213A of the INA, if one is required, and current or previous receipt of Supplemental Security Income (SSI), cash assistance under Temporary Assistance for Needy Families (TANF) for income maintenance; any Tribal, State,