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DHS Proposes Repeal of Biden Public-Charge Rule to Expand Benefit Review

The filing restores a totality-of-the-circumstances approach that increases officer discretion over immigration status decisions.

Overview

  • The Department of Homeland Security filed a proposed rule titled "Public Charge Ground of Inadmissibility" for Federal Register publication on Nov. 19, launching a formal notice-and-comment period.
  • The proposal would rescind the 2022 regulations that limited public-charge findings to cash assistance and long-term institutional care, excluding programs such as SNAP, routine Medicaid, housing aid and WIC.
  • Under the plan, USCIS officers would weigh the totality of applicants' circumstances, including health and economic factors, with fewer specific guidelines than the current rule.
  • Officials indicate the review could encompass any social or health services, including state-funded benefits, which advocates say raises the risk of vague standards and inconsistent outcomes.
  • Immigrant advocates warn of a chilling effect on eligible families' use of health, nutrition and housing programs, while statutory exemptions for groups such as refugees and asylees remain in place.