The Department of Homeland Security released a draft regulation Saturday that establishes the standards the agency will use to apply the “public charge” ground of inadmissibility. The proposal defines public benefits that, when used, could make immigrants ineligible for a visa or a permanent resident card (green card). The draft regulation also proposes a new, complex calculation that includes factors used for determining whether applicants are likely to become a public charge and gives adjudicators greater discretion in making that determination.
The full proposed rule as published on the DHS website may be viewed here.
BAL Analysis: The proposed regulation has not yet been published in the Federal Register. There will be no change in law until a final regulation becomes effective, which will not happen for at least four months. Once DHS publishes the proposed rule—which is expected in the coming days or weeks—a 60-day period will follow during which businesses and individuals are encouraged to submit their comments to the government. The agency is then required to review all comments before publishing a final regulation. The final regulation will likely take effect 60 days after it is published. The complicated, novel, and controversial nature of some of these provisions make a court challenge likely if this moves to a final rule. BAL is continuing to review the proposal and will provide additional guidance regarding its potential impact.
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