The Department of Homeland Security (DHS) has published an Advance Notice of Proposed Rulemaking (ANPRM) for the public charge rule to seek data and information from the public, nonprofit organizations, and state, territorial, local and tribal agencies that administer public benefits programs.  

Overview 

DHS is seeking input from the public on the controversial public charge rule. The agency will use the public's feedback to develop a fair public charge regulatory proposal. Additionally, the feedback will ensure that the agency's proposed regulation does not impose undue burdens on noncitizens who are seeking admission to the U.S. or who are seeking an adjustment of status.  

The ANPRM considers how DHS should define the term "public charge," which public benefits the agency should consider when making an inadmissibility determination, and how the agency should assess factors when determining a noncitizen's likelihood of becoming a public charge.  

Looking Ahead 

The ANPRM public comment period will last 60 days, starting on Aug. 23, 2021 and concluding on Oct. 22, 2021.  

Originally published 27, August 2021

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.