Key Points
- DHS has published an Advance Notice of Proposed Rule Making (ANPRM) for the public charge rule
- The agency will seek data information from the public, tribal agencies, and nonprofits on the public charge rule
- DHS will seek input on how to define “public charge” and how to assess factors for determining an individual’s likelihood of becoming a public charge
- The public comment period will last for 60 days, starting on August 23, 2021, and ending on October 22, 2021
Overview
The Department of Homeland Security (DHS) has published an Advance Notice of Proposed Rule Making (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.
What are the Changes?
The DHS is seeking input from the public on the public charge rule. The agency will use the public’s feedback to develop a 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 US 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 August 23, 2021, and concluding on October 22, 2021.
