Department of Homeland Security Seeks Public Comments for Public Charge Rulemaking

Last Updated on February 23, 2023

The Department of Homeland Security (DHS) has published an Advance Notice of Proposed Rulemaking (ANPRM) for the public charge rule to seek data and information from the public, nonprofit organizations, and state, territorial, local and tribal agencies that administer public benefits programs.  


DHS is seeking input from the public on the controversial public charge rule. The agency will use the public’s feedback to develop a fair public charge regulatory proposal. Additionally, the feedback will ensure that the agency’s proposed regulation does not impose undue burdens on noncitizens who are seeking admission to the U.S. or who are seeking an adjustment of status.  

The ANPRM considers how DHS should define the term “public charge,” which public benefits the agency should consider when making an inadmissibility determination, and how the agency should assess factors when determining a noncitizen’s likelihood of becoming a public charge.  

Looking Ahead  

The ANPRM public comment period will last 60 days, starting on Aug. 23, 2021 and concluding on Oct. 22, 2021.  


Envoy is pleased to provide you this information, which was prepared in collaboration with Ian Love, who is a Partner at Global Immigration Associates, P.C. (, one of the two U.S. law firms Envoy exclusively works with on the Envoy Platform (the "U.S. Law Firms").  

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