DHS Rescinds 2022 Public Charge Rule

Quick Hits

• On July 20, 2026, DHS rescinded the 2022 public charge framework and restored broad discretion for officers to weigh all pertinent factors when assessing whether an applicant is likely at any time to become a public charge.
• The rule takes effect September 18, 2026.

Under the Immigration and Nationality Act (INA), an applicant for a visa, admission, or adjustment of status is inadmissible if, in the reviewing officer’s opinion, the individual is likely at any time to become a public charge. This ground of inadmissibility reflects the longstanding policy that noncitizens should be self-reliant rather than dependent on public benefits.

Since 1999, three successive frameworks have governed public charge determinations. The 1999 interim field guidance defined a public charge as someone “primarily dependent on the government for subsistence,” counting only cash assistance (such as Supplemental Security Income (SSI) and Temporary Assistance for Needy Families (TANF)) and long-term institutionalization while directing officers to weigh the totality of the circumstances.

The 2019 final rule broadened the analysis, redefining a public charge as a noncitizen who receives designated benefits for more than twelve months within any thirty-six-month period. It expanded the qualifying benefits to include Medicaid, Supplemental Nutrition Assistance Program (SNAP), and federal housing assistance. DHS stopped applying this rule in 2021.

The 2022 final rule returned to the “primarily dependent” standard, limiting consideration to cash assistance and long-term institutionalization. It provided that disability alone could not be dispositive and exempted categories such as refugees, asylees, and Violence Against Women Act (VAWA) self-petitioners.

DHS now concludes that all three frameworks unduly constrained officer discretion. As a result, the agency is rescinding the 2022 regulation’s core provisions, including the definitions of “public charge” and “receipt of public benefits,” returning to the case-by-case approach that existed before formal regulations were codified in 2019.

The chart below compares the current public charge framework with the pre-2022 standard. Under the pre-2022 approach, immigration officers will have greater flexibility to consider any factors they believe are relevant when deciding whether an applicant is likely to become a public charge. These factors may include the five statutory factors (age, health, family status, financial status, and education and skills), receipt of means-tested public benefits, the Affidavit of Support (Form I-864), and any other circumstances related to the applicant’s ability to support themselves. U.S. Citizenship and Immigration Services (USCIS) is expected to issue guidance before the rule takes effect, but that guidance will not limit officers’ discretion.

Before vs. After: Key Differences

	2022 Rule	After Rescission
Definition of “Public Charge”	Defined as “more likely than not to become primarily dependent” on government cash assistance or long-term institutionalization.	No regulatory definition. Officers make individualized, discretionary determinations based on the totality of circumstances.
Public Benefits Considered	Limited to cash assistance (SSI, TANF, state/local) and long-term institutionalization at government expense.	Officers may consider any means-tested benefit (Medicaid, SNAP, housing, etc.) received on or after the effective date. Receipt is not outcome-determinative.
Factors Considered	Limited to seven enumerated factors: age, health, family status, financial status, education/skills, affidavit of support, and receipt of specified benefits.	Five statutory minimum factors (age, health, family status, financial status, and education/skills) plus any other relevant information, restoring broad discretionary authority.
Treatment of Prior Benefits	Considered only specified cash benefits and long-term institutionalization.	Benefits received before the effective date treated under the 2022 rule. Benefits received on or after the effective date are subject to the restored discretionary approach.
Public Charge Bond Amendments*   *Severable, to remain in effect even if a court strikes down the broader rescission	Bond breached only by receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. DHS could cancel a bond upon finding the individual was not likely to become a public charge.	Bond breached by receipt of any means-tested public benefit or noncompliance with bond conditions. Prior cancellation ground removed. Note: Pre-effective-date bonds remain under 2022 standards.

Next Steps

The final rule applies to applications for admission made on or after September 18, 2026, and applications for adjustment of status postmarked or electronically submitted on or after September 18, 2026. Benefits received before September 18 will be evaluated consistently with the 2022 rule, meaning only public cash assistance for income maintenance and long-term institutionalization at government expense will be considered. Benefits received on or after September 18 will be subject to the restored discretionary approach, and officers will conduct individualized, totality-of-the-circumstances reviews.

USCIS will publish a revised Form I-485, and older versions will not be accepted for filings on or after September 18. Applicants filing adjustment applications near September 18 should confirm they are using the correct Form I-485 edition.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.

To learn more about this development and other critical immigration issues facing employers today, please join our Virtual Immigration Insights Symposium on Wednesday, October 7, 2026, from noon to 2:30 p.m. ET. Register here.

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