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DHS/USCIS RIN: 1615-AC74 Publication ID: Spring 2021 
Title: ●Inadmissibility on Public Charge Grounds 

Section 4 of Executive Order 14012 of February 2, 2021 (86 FR 8277) directed DHS and other federal agencies to immediately review agency actions related to the public charge grounds of inadmissibility and deportability for noncitizens at sections 212(a)(4) and 237(a)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(4), 1227(a)(5)). 


DHS intends to proceed with rulemaking to define the term public charge and identify considerations relevant to the public charge inadmissibility determination.  DHS will conduct the rulemaking consistent with section 212(a)(4) of the INA and consistent with the principles described in Executive Order 14012.  Such principles include recognizing our character as a Nation of opportunity and of welcome and of providing due consideration to the confusion, fear, and negative public health consequences that may result from public charge policies. 


Consistent with section 6 of Executive Order 12866 (58 FR 51735) and section 2 of Executive Order 13563 (76 FR 3821), and in consideration of the significant public interest in this rulemaking proceeding, DHS intends to publish an advance notice of proposed rulemaking and engage relevant stakeholders.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 8 CFR 212    8 CFR 245    ...     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 6 U.S.C. 101 et seq.    8 U.S.C. 1101 et seq.   
Legal Deadline:  None
Action Date FR Cite
ANPRM  08/00/2021 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
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