In a July 16 final rule (PDF), the Department of Homeland Security (DHS) rescinded the Biden administration’s “Public Charge Ground of Inadmissibility” final rule, which took effect on Dec. 23, 2022 [refer to Washington Highlights, Sept. 16, 2022]. In reviewing applications for admission to the United States or for adjustment of status (obtaining lawful permanent residency), immigration officers assess whether an individual is likely to become a “public charge” – that is, primarily dependent on the government for subsistence. The 2022 rule restricted the types of public benefits that may be considered when determining whether an individual is or is likely to become a “public charge” to cash benefits and Medicaid long-term care. The AAMC submitted comments in opposition to the Trump administration’s December 2025 proposed rule, urging the DHS to allow the 2022 final rule to remain intact, citing the “chilling effect” the policy would have by deterring even lawfully present individuals and U.S. citizens from enrolling in public benefit programs [refer to Washington Highlights, Dec. 19, 2025].
The new regulation rescinds the 2022 final rule, providing immigration officers substantial discretion in determining whether an applicant for immigration benefits is likely to become a public charge. While opting not to replace the 2022 public charge rule with a regulatory framework, the DHS notes that it will be providing more guidance through updates to the U.S. Citizenship and Immigration Services policy manual. The rescission of the 2022 rule constitutes an expansion of the public charge definition in several key respects, including consideration of an individual’s receipt of “any means-tested public benefit,” instead of the limited categories of cash assistance and institutionalization for long-term care under Medicaid. Benefits that can now be considered include Medicaid, Children’s Health Insurance Program benefits, and housing and nutritional benefit programs. The DHS estimates that over ten years, these changes will result in $130 billion in reduced federal and state expenditures on these benefit programs, driven by reduced enrollment. For example, the DHS notes that 626,000 individuals could disenroll from Medicaid or forgo enrollment in Medicaid annually.
The final rule takes effect Sept. 18.
- Washington Highlights