This advisory provides practitioners with basic information about the public charge ground of inadmissibility, including addressing what is public charge, who does it apply to, how is public charge evaluated, and could being a public charge make someone deportable.
During the Trump administration, the public charge ground of inadmissibility received much attention. The Trump administration implemented new rules on public charge that increased scrutiny of applicants for green cards. The Trump-era rules are no longer in effect.
On December 23, 2022, DHS published a new rule on public charge went into effect. The new rule codifies longstanding guidance on public charge which is summarized in this practice advisory, and thus the information in this advisory continues to apply including helpful background on when the public charge ground of inadmissibility comes into play and what the statute requires.