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USCIS issues final rule on public charge inadmissibility grounds

  1. Original Date Announced

    August 14, 2019

    USCIS issues final rule, signed by Acting Secretary McAleenan, on public charge inadmissibility grounds, which governs admission and adjustment of status. The rule requires consideration of certain previously excluded programs including Medicaid, SNAP, Medicare Part D Low-Income Subsidy, and several housing programs. Pending applications and petitions are not subject to the new rule.

    [ID #766]

    USCIS Announces Final Rule on Inadmissibility on Public Charge Grounds USCIS Final Rule on Inadmissibility on Public Charge Grounds
  2. Effective Date

    October 15, 2019
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  4. Biden Administration Action: Revoked/Replaced

    March 9, 2021

    Before the U.S. Supreme Court: Joint Stipulation to Dismiss

    This Biden Administration policy in effect revokes in its entirety the Trump-era policy identified in this entry.

    On March 9, 2021, DOJ filed with plaintiffs a joint stipulation to dismiss the case before the U.S. Supreme Court, effectively ending the rule.

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  5. Biden Administration Action: Revoked/Replaced

    March 10, 2021

    USCIS Website: Public Charge

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On March 10, 2021, USCIS posted on its website a return to the pre-Trump era public charge policy and instructed applicants on how to deal with requests for evidence and notices of intent to deny issued under the now-defunct policy.

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  6. Biden Administration Action: Under Study

    August 23, 2021

    2021.08.23 Public Charge Ground of Inadmissibility

    This Biden administration policy considers questions related to the Trump-era policy identified in this entry.

    On August 23, 2021, USCIS issued an advance notice of proposed rulemaking and notice of virtual public listening sessions to seek broad public feedback on the public charge ground of inadmissibility that will inform the development of a future regulatory proposal.

    View Document

Current Status

Not in effect
March 9, 2021
Acted on by Biden Administration
March 10, 2021
Acted on by Biden Administration
August 23, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Rule
Agencies Affected: USCIS

Pre Trump-Era Policies

  • March 26, 1999

    Legacy INS guidance previously limited the interpretation of ‘‘likely at any time to become a public charge’’ as likely to become primarily dependent on the government (federal, state, or local) for subsistence (previously limited to public cash assistance for income maintenance or institutionalization for long-term care at government expense). This was the pre-Trump policy - this original policy had already been altered through changes to the State Department’s Foreign Affairs Manual.

    INS Field Guidance on Deportability and Inadmissibility on Public Charge Grounds from 1999

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