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DHS/USCIS RIN: 1615-AA22 Publication ID: Fall 2018 
Title: Inadmissibility on Public Charge Grounds 
Abstract:

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: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 8 CFR 103    8 CFR 212 to 214    8 CFR 248   
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)

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:

Timetable:
Action Date FR Cite
NPRM  05/26/1999  64 FR 28676   
NPRM Comment Period End  07/26/1999    
NPRM  10/10/2018  83 FR 51114   
NPRM Comment Period End  12/10/2018 
Additional Information: CIS No. 2499-10 Transferred from RIN 1115-AF45
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State, Tribal 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Mark Phillips
Chief, Residence and Naturalization Division
Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Policy and Strategy, 20 Massachusetts Avenue NW,
Washington, DC 20529
Phone:202 272-8377
Email: mark.phillips@uscis.dhs.gov