Washington, July 16 (IANS) The US Department of Homeland Security (DHS) has finalised a rule rescinding the Biden administration’s 2022 public charge regulation, restoring broader discretion to immigration officers when deciding whether applicants for visas or permanent residency are likely to become dependent on government assistance.
The department said the move aligns immigration policy with what it described as Congressional intent that immigrants should be self-reliant and not depend on taxpayer-funded public benefits.
“The Trump administration is upholding the rule of law and protecting American taxpayers from subsidising aliens who may become dependent on public benefits. US Citizenship and Immigration Services (USCIS) is committed to safeguarding the safety, security, and financial well-being of Americans,” USCIS spokesperson Zach Kahler said.
Under the Immigration and Nationality Act, an individual applying for a visa, admission to the United States or adjustment of status can be found inadmissible if officials determine that the person is likely at any time to become a public charge.
The Biden-era regulation limited the range of public benefits immigration officers could consider when making those determinations, restricting their ability to evaluate all relevant facts surrounding an applicant’s circumstances, the DHS said.
The new rule removes those limitations and allows USCIS officers to examine all pertinent information on a case-by-case basis when assessing whether an applicant is likely to become dependent on public support.
DHS said rescinding the 2022 regulation restores broader discretion to officers and reinforces what it called the long-standing principle that immigrants should be self-sufficient.
The department also said the final rule revises provisions governing public charge bonds, which may be required in certain cases involving applicants found likely to become public charges.
The rule will take effect on September 18, 2026.
USCIS said it will issue a revised Form I-485, the application used to register permanent residence or adjust immigration status. Applications submitted using older editions of the form on or after the effective date will not be accepted.
The department said immigration officers will begin applying the revised framework once the rule takes effect and will issue updated guidance for adjudicating applications.
The final rule marks another shift in the Trump administration’s broader immigration agenda, which has emphasised stricter enforcement, reduced reliance on public assistance and increased scrutiny of applicants seeking permanent immigration benefits.
–IANS
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