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DHS/USCIS RIN: 1615-AA22 Publication ID: Fall 2017 
Title: Inadmissibility and Deportability on Public Charge Grounds 

The Department of Homeland Security (DHS) will propose regulatory provisions guiding the inadmissibility determination on whether an alien is likely at any time to become a public charge under section 212(a)(4) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(4).  DHS proposes to add a regulatory provision, which would define the term public charge and would outline DHS’s public charge considerations.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Fully or Partially Exempt 
CFR Citation: 8 CFR 212    8 CFR 237    8 CFR 245a.18     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 U.S.C. 1101 to 1103    8 U.S.C. 1182 and 1183    ...   
Legal Deadline:  None

Statement of Need:

To ensure that foreign nationals coming to the United States or adjusting status to permanent residence, either temporarily or permanently, have adequate means of support while in the United States, and that foreign nationals do not become dependent on public benefits for support.

Summary of the Legal Basis:

INA 212(a)(4)


Anticipated Costs and Benefits:

DHS is currently considering the specific cost and benefit impacts of the proposed provisions. In general, DHS anticipates that by clarifying the meaning of public charge some stakeholders would incur costs. The anticipated costs to individuals requesting immigration benefits are associated with the opportunity cost of time to complete and file required forms and documentation, and possible costs associated with any additional background checks. DHS anticipates there will be benefits associated with ensuring that foreign nationals coming to the United States have adequate means of support and do not become dependent on public assistance.


Action Date FR Cite
NPRM  05/26/1999  64 FR 28676   
NPRM Comment Period End  07/26/1999    
NPRM  07/00/2018 
Additional Information: CIS No. 1989-99 Transferred from RIN 1115-AF45
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Mark Phillips
Residence and Naturalization Division Chief
Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000