The US Department of Homeland Security (DHS) has finalised a rule rescinding the Biden administration's 2022 public charge regulation, restoring broader discretion to immigration officers when assessing whether visa or permanent residency applicants are likely to become dependent on government assistance. The rule takes effect on 18 September 2026 and marks a significant shift in how the Trump administration is reshaping America's immigration framework.

What the New Rule Changes

Under the Immigration and Nationality Act, an individual applying for a visa, admission to the United States, or adjustment of status can be found inadmissible if officials determine the person is likely at any time to become a public charge. The Biden-era 2022 regulation had narrowed the range of public benefits that immigration officers could factor into those determinations, limiting their ability to weigh all relevant circumstances surrounding an applicant.

The newly finalised rule removes those restrictions, allowing US Citizenship and Immigration Services (USCIS) officers to examine all pertinent information on a case-by-case basis. The rule also revises provisions governing public charge bonds, which can be required when an applicant is found likely to become dependent on public support.

What the Government Said

USCIS spokesperson Zach Kahler said: 'The Trump administration is upholding the rule of law and protecting American taxpayers from subsidising aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans.'

DHS said the move aligns immigration policy with what it described as Congressional intent that immigrants should be self-reliant and not depend on taxpayer-funded public benefits. The department added that rescinding the 2022 regulation restores what it called the long-standing principle of immigrant self-sufficiency.

Impact on Applicants and Forms

USCIS said it will issue a revised Form I-485 — the application used to register permanent residence or adjust immigration status. Applications submitted using older editions of the form on or after the effective date of 18 September 2026 will not be accepted. Updated guidance for adjudicating applications is expected to be issued once the rule takes effect.

Notably, this is not the first time the public charge standard has been contested. The Trump administration's first-term public charge rule, introduced in 2019, was also reversed by the Biden administration in 2022 — underscoring how immigration benefit policy has become a recurring flashpoint between successive administrations.

Broader Immigration Agenda

The final rule is part of the Trump administration's wider immigration agenda, which has emphasised stricter enforcement, reduced reliance on public assistance, and heightened scrutiny of applicants seeking permanent immigration benefits. Critics argue that expansive public charge determinations can disproportionately affect low-income and working-class immigrant communities, particularly those from South Asia, Latin America, and Africa, who may have used non-cash public benefits during periods of hardship.

With the rule set to take effect in September 2026, immigration attorneys and advocacy groups are expected to closely monitor whether legal challenges follow — as they did with the 2019 iteration of the rule.