DHS Rescinds 2022 Public Charge Rule

Short summary

On July 20, 2026, DHS rescinded the 2022 public charge regulation, restoring broad case-by-case discretion for immigration officers to weigh any relevant factors when determining if an applicant is likely to become a public charge. The rule takes effect September 18, 2026, and removes the prior definition limiting consideration to cash assistance and long-term institutionalization. Officers may now consider Medicaid, SNAP, housing benefits, and other means-tested programs, though receipt alone is not outcome-determinative.

• •DHS rescinded the 2022 public charge rule effective September 18, 2026
• •Officers regain broad discretion to consider any means-tested benefits and totality of circumstances
• •USCIS expected to issue guidance before effective date, but it will not limit officer discretion

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