The Department of Homeland Security has issued a final rule rescinding the 2022 Biden-era public charge regulation, restoring broader discretion for immigration officers to decide whether applicants are likely to become dependent on taxpayer-funded benefits.
The rule, set to take effect Sept. 18, 2026, will affect visa, admission and adjustment-of-status cases, including green card applications. DHS said it will also publish a revised Form I-485 before the effective date, and older versions submitted on or after that date will not be accepted.
Under the Immigration and Nationality Act, people seeking admission or adjustment of status can be found inadmissible if they are likely at any time to become a public charge. DHS said the rescinded 2022 rule narrowed what officers could consider, limiting their ability to weigh all relevant factors in a case.
“With this final rule, USCIS officers are empowered to assess all pertinent facts on a case-by-case basis for each applicant,” the department said in the rule.
USCIS spokesman Zach Kahler said the Trump administration is “upholding the rule of law” and protecting taxpayers from subsidizing immigrants who may become dependent on public benefits.
DHS said the change restores a broader, individualized standard for public charge determinations and aligns immigration enforcement with congressional intent that immigrants be self-reliant. The department said officers may consider statutory factors, receipt of means-tested public benefits and other case-specific information relevant to an applicant’s circumstances.
The agency said it is not changing eligibility rules for public benefits themselves. Rather, the rule affects how immigration officers assess whether someone is inadmissible or ineligible for adjustment of status under the public charge ground.
DHS said the new rule will apply to adjustment-of-status applications postmarked or submitted electronically on or after Sept. 18, 2026, and to admission applications made on or after that date. It also said public benefits received before the effective date will be reviewed under the older framework, while benefits received on or after that date may be considered under the new rule.
The department said the 2022 regulation had imposed “overly restrictive” definitions and limits that prevented officers from considering the full range of information Congress intended them to review. It said the final rule will allow officers to use “good judgment and discretion” in assessing whether an applicant is likely to become a public charge.
DHS estimated the rule could reduce federal and state transfer payments by more than $13 billion annually if immigrants and members of mixed-status households disenroll from or forgo public benefits. The department also said the rule could have downstream effects on health care providers, grocers, landlords and other businesses tied to benefit programs.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
