By Tiffany Williams –
WASHINGTON — The Department of Homeland Security has issued a final rule rescinding a 2022 regulation concerning public charge determinations, a move the agency said is intended to align immigration policy with provisions of the Immigration and Nationality Act regarding an applicant’s likelihood of becoming dependent on public benefits.
According to the Department of Homeland Security, the final rule rescinds the 2022 regulation adopted during the Biden administration and changes how U.S. Citizenship and Immigration Services evaluates certain immigration applications involving public charge determinations.
Under the Immigration and Nationality Act, an individual applying for a visa, admission to the United States or adjustment of status may be found inadmissible if the person is determined to be likely at any time to become a public charge.
The Department said the now-rescinded regulation limited which public benefits U.S. Citizenship and Immigration Services officers could consider when making those determinations.
According to the agency, that regulation restricted officers from considering all relevant factors that Congress intended to be part of the public charge analysis.
With the issuance of the new final rule, the Department said U.S. Citizenship and Immigration Services officers will once again evaluate all pertinent facts on a case-by-case basis for each applicant.
The agency said the revised approach is intended to provide immigration officers with broader authority to review the circumstances surrounding each application while applying the requirements established under federal immigration law.
U.S. Citizenship and Immigration Services spokesperson Zach Kahler said the change reflects the administration’s approach to enforcing immigration law.
“The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans,” said U.S. Citizenship and Immigration Services spokesperson Zach Kahler.
The Department of Homeland Security said the final rule is scheduled to take effect on Sept. 18, 2026.
In conjunction with the policy change, U.S. Citizenship and Immigration Services will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status.
According to the agency, applicants filing Form I-485 on or after the rule’s effective date must use the updated version of the application.
The Department said older versions of Form I-485 that are postmarked or submitted electronically on or after Sept. 18, 2026, will not be accepted.
The public charge provision has long been part of federal immigration law and applies to certain individuals seeking visas, admission into the United States or adjustment of immigration status.
The Department said the new rule is intended to implement its interpretation of the Immigration and Nationality Act by restoring the agency’s ability to consider all relevant factors during the public charge review process.
Officials said immigration officers will continue conducting individualized evaluations for each applicant rather than relying on a single factor when making public charge determinations.
The Department of Homeland Security said the final rule represents a change in federal immigration policy governing how public charge determinations will be made beginning this fall.
The revised regulation will become effective Sept. 18, 2026, when the updated application requirements and public charge review process are scheduled to take effect.