DHS' Final Rule on Public Charge | CLINIC

DHS' Final Rule on Public Charge

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DHS published the final rule on public charge in the Federal Register on Aug. 14, 2019. It is scheduled to take effect 60 days after publication, or on Oct. 15, 2019. This rule establishes a new definition of “public charge” and new procedures by which adjudicators will determine if an applicant for an immigrant or nonimmigrant visa is likely to become a public charge.  DHS indicates that it will apply this new rule only to applications and petitions postmarked or submitted electronically on or after the effective date. CLINIC has prepared a summary of the final public charge rule based on a preliminary review. CLINIC will issue a more in-depth analysis of the rule in the coming days.

Advocacy groups have announced plans to challenge many of the changes in federal court. CLINIC will monitor the status of any litigation and advise if litigation may delay implementation.


Inform CLINIC as to how the rule is affecting your program!

If you are a CLINIC affiliate, we need to hear from you about the impact or potential impact of the new public charge rule on your program, as well as any questions you may have about its contents and implementation. We may either answer your questions in a future FAQ or forward them to USCIS. Our survey is intended to collect information from affiliates who have already reviewed the final public charge rule and/or attended a training about the final rule.

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On this page:

Trainings and WebinarsLegal Analysis and Practitioner Resources | Advocacy Tools and Talking Points | Outreach to the Administration


Trainings and Webinars

In this webinar, CLINIC presenters held a question and answer style discussion, including case hypotheticals, to help you figure out what cases will need extra attention and ideas for how to prepare your program now.

Post date: 08/28/2019

In this webinar, CLINIC presenters reviewed the final rule, its impact on immigrant families and immigration legal service providers, and took questions.

Post date: 08/14/2019


Legal Analysis and Practitioner Resources

Dramatic revisions to public charge inadmissibility assessment that were due to go into effect last week are now on hold. In the case of the Department of Homeland Security (DHS) regulations, multiple injunctions have been issued preventing the rules from going into effect. Implementation of the new Department of State (DOS) regulations is also on hold due to a 60-day period to comment on a new form that immigrant visa applicants will have to complete.

Post date: 10/28/2019

The Department of Homeland Security, or DHS, published its final rule on public charge in the Federal Register on Aug. 14. Following the publication, several state and local governments, as well as nonprofit organizations, have filed suit in federal courts across the country seeking to prevent the administration’s implementation of the rule. Below is a brief summary of each case.

Post date: 08/28/2019

On August 14, 2019, the Department of Homeland Security (DHS) issued final regulations dramatically changing the assessment of public charge inadmissibility. Overall, the new regulations will make it much more difficult for an applicant for adjustment of status or admission to the United States to show that he or she is not likely to become a public charge. These FAQs address many of the concerns raised by practitioners about how the new regulations will affect their clients.

Post date: 08/26/2019

The Department of Homeland Security (DHS) announced its much-anticipated version of its final changes to the public charge ground of inadmissibility. The agency has targeted an implementation date of October 15, 2019 when the new regulations will take effect. The following summary is based on language in a pre-publication version that was made available to the public today.

Post date: 08/12/2019


Advocacy Tools and Talking Points

The Department of Homeland Security, or DHS, published its final rule on Public Charge on Aug. 14, 2019. This is one of three related public charge rules. We expect to hear more soon about the other two from the Department of State and the Department of Justice. This resource contains the main messages you can use when asked to speak about this DHS Public Charge rule to your community, your church congregations, the media, or any group that is interested to learn about this policy change.

Post date: 08/28/2019


Outreach to the Administration

CLINIC submitted comments in response and oppostion to the State Department’s Interim Final Rule, or IFR, titled “Visas: Ineligibility Based on Public Charge Grounds,” DOS-2019-0035; RIN: 1400-AE87.

Post date: 11/18/2019

The Catholic Legal Immigration Network, Inc., the American Immigration Lawyers Association, Boundless Immigration, the Center for Law and Social Policy, the Immigrant Legal Resource Center, and the National Immigration Law Center joined in requesting the Department of Homeland Security and U.S. Citizenship and Immigration Services delay the implementation of the Public Charge Rule. As of the date of this letter, USCIS has failed to publish forms and instructions regarding the implementation of the new rule. 

Post date: 10/04/2019


Click here to view CLINIC’s work on public charge prior to final rule publication