View Rule

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.

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)

Alternatives:

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 in terms of potentially not being able to adjust status. Other anticipated costs to individuals requesting immigration benefits are associated with the opportunity cost of time to complete and file required forms and documentation, possible costs associated with any additional background checks, and unintended and indirect costs associated with the loss of public assistance due to disenrollment or foregone enrollment in public benefits programs for those who are otherwise eligible. 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.

Risks: