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DOJ/EOIR RIN: 1125-AB24 Publication ID: Fall 2023 
Title: Inadmissibility on Public Charge Grounds 

In compliance with Executive Order 14012, the Department of Justice proposes to address how adjudicators within the Executive Office for Immigration Review (EOIR) determine whether a noncitizen is inadmissible to the United States under the public charge ground in section 212(a)(4) of the Immigration and Nationality Act (INA). These issues regarding inadmissibility of particular noncitizens may arise both in matters being adjudicated by U.S. Citizenship and Immigration Services (USCIS) and also in cases pending before the immigration judges in EOIR. The Department of Homeland Security issued a final rule revising its public charge regulations for USCIS adjudications on September 9, 2022, at 87 FR 55472 (RIN 1615-AC74) with an effective date of December 23, 2022. This EOIR proposed rule is intended to ensure that the adjudication of issues pertaining to the public charge ground of inadmissibility is subject to a consistent set of substantive standards, whether the issue in a particular noncitizen’s case is being adjudicated at the time by USCIS or by EOIR.

Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 1212    8 CFR 1240   
Legal Authority: 8 U.S.C. 1182(a)(4)    8 U.S.C. 1183    8 U.S.C. 1227(a)(5)   
Legal Deadline:  None
Action Date FR Cite
NPRM  05/00/2024 
Additional Information: EOIR Docket No. 22-0310
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Related RINs: Related to 1615-AC74 
Agency Contact:
Raechel Horowitz
Chief, Immigration Law Division, Office of Policy
Department of Justice
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 1800,
Falls Church, VA 22041
Phone:703 305-0289