2019 Public Charge Rule and Residual Consular Enforcement Policies

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Rescind Public Charge Rules for Benefit Access

AKA “Stop Bureaucratic Overreach in Immigration Benefit Rules”


Which agency/agencies promulgated the regulation? *
Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) Department of State (DOS)
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
Clarify and codify the rescission of harmful legacy rules and harmonize cross-agency guidance: 8 CFR §212.21–.24 — Previously codified under the 2019 public charge expansion (84 FR 41292), now rescinded by the 2022 rule (87 FR 55472). These sections should be permanently locked to prevent future expansion. 9 FAM 302.8 (Department of State) — Current Foreign Affairs Manual guidance enables discretionary visa denials based on public charge concerns inconsistent with DHS policy. Should be revised to reflect USCIS’s 2022 rule and pre-2019 standards.
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Final Rule, Interpretive Rule
What is the name of the regulation being rescinded, if applicable? *
2019 Public Charge Rule and Residual Consular Enforcement Policies
Please provide a short summary of the justifications for the rescission. *
Although the 2019 public charge rule has been formally rescinded, its chilling effects continue. Many immigrants avoid legally available health care, food assistance, or housing programs out of fear it will harm their immigration status. Remaining inconsistencies between DOS and DHS policy further entrench confusion and unequal treatment. Finalizing and harmonizing public charge protections will ensure immigrant families are not punished for seeking basic services.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. Citizenship and Immigration Services 20 Massachusetts Ave NW Washington, D.C. 20529
Please insert the contact information for the agency. *
USCIS Contact Center: 1-800-375-5283 Email: public.engagement@uscis.dhs.gov
What is the background for the regulation being rescinded? *
The 2019 public charge rule redefined “public charge” to include common non-cash benefits, allowing green card or visa denials for use—or potential use—of Medicaid, food stamps, or housing support. Though the rule was vacated in 2021 and replaced by a narrower 2022 final rule, many families remain confused or afraid. Moreover, DOS guidance remains discretionary and misaligned with the USCIS public charge framework.
Explain the reasons for the rescission. *
Public charge determinations should not penalize poverty or block access to basic care. Families shouldn’t have to choose between lawful benefits and legal status. This rescission ensures that all agencies follow a clear, consistent, humane standard—one that reflects decades of precedent and prevents future administrations from reviving discriminatory exclusions.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
Revised provisions and guidance shall: Codify that “public charge” inadmissibility applies only to individuals primarily dependent on long-term institutional care or public cash assistance Prohibit counting non-cash benefits (e.g., SNAP, Medicaid, Section 8) in any determination of public charge inadmissibility Align Department of State consular adjudication (9 FAM 302.8) with USCIS’s current public charge rule and bar discretionary denials based on non-cash benefit use
Please insert the name of the current agency head. *
Kristi Noem
Please insert the title of the agency head. *
Secretary of Homeland Security

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