The U.S. Department of Homeland Security (DHS) is seeking feedback from the public that will help DHS develop a public charge regulatory proposal that is fair and consistent and will not impose undue burdens on noncitizens seeking admission to or adjustment of status in the United States.
DHS has published an Advance Notice of Proposed Rulemaking (ANPRM) to solicit public comments, including from state, territorial, local and tribal agencies that provide public benefits, nonprofit organizations and others. DHS will use these comments to help guide how it develops future public charge policy. DHS is taking the important step of seeking broad feedback from the public that will inform its development of a future public charge regulatory proposal.
The ANPRM allows for a 60-day public comment period that closes on Oct. 22, 2021 and does not include any specific regulatory proposals. Rather, it identifies key issues associated with regulatory definitions, an applicant’s use of public benefits, and the mandatory statutory factors, among others, and seeks broad public feedback on those issues. This ANPRM also does not change how U.S. Citizenship and Immigration Services (USCIS) now makes public charge inadmissibility determinations; since March 9, 2021, USCIS has applied the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance.
Background
On March 9, 2021, a federal court order that vacated the 2019 public charge rule went into effect. DHS removed the regulatory provisions associated with the 2019 public charge final rule from the Code of Federal Regulations after the order vacating the rule went into effect. Until DHS completes any new public charge rulemaking and implements new regulations, USCIS will continue to apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance, the policy that was in place before the 2019 public charge final rule. USCIS is working closely with other government agencies and immigrant-serving organizations to ensure that immigrant communities are aware that the 2019 public charge rule had been vacated and that USCIS is using the 1999 Interim Field Guidance.
To Submit Comments
You may submit comments through Regulations.gov under docket number USCIS-2021-0013. Please follow the instructions for submitting comments. You must submit written comments and related material on or before Oct. 22, 2021. DHS may not review comments submitted in a manner other than the one listed above, including emails or letters sent to DHS or USCIS officials.
DHS welcomes input from organizations, government entities and agencies, and all interested members of the public. Comments will be most helpful if they clearly identify the questions to which they are responding, offer concrete proposals, articulate support or opposition to current or prior DHS public charge policies, and cite relevant laws, regulations, data and studies.
As detailed in the ANPRM, DHS is also hosting virtual public listening sessions during the comment period to provide additional opportunities to engage with the agency on this important topic. We are committed to providing opportunities for meaningful feedback and public engagement for all stakeholders, and we encourage you to take advantage of these opportunities.
Reminder
USCIS is now applying the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance, the policy that was in place before the 2019 public charge final rule. The 2019 public charge rule was vacated in March 2021, and DHS removed the regulatory provisions associated with that rule from the Code of Federal Regulations the same month.
USCIS LINK: https://www.uscis.gov/news/news-releases/dhs-seeks-public-comment-on-public-charge-rulemaking