On November 19, 2025, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) proposing to rescind nearly the entire public charge rule that previously went into effect on December 23, 2022 (the “2022 Rule”) without a formal replacement.  

The 2022 Rule established the legal framework within which U.S. Citizenship and Immigration Services (USCIS) considers the receipt of public benefits by immigrants when determining whether the immigrant may remain in the United States, e.g., during an application for a visa or green card. If the NPRM becomes final, USCIS will instead make admissibility decisions on a case-by-case basis pursuant to the Immigration and Nationality Act (INA), the statute from which the 2022 Rule is derived, and case law interpreting the INA. DHS’s intent is to eventually provide policy and interpretive tools that will guide immigration officers during a public charge determination. Presently, this is a proposed rule and the existing 2022 Rule will remain in effect until a final rule is released.