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DHS Takes First Step to Reform Public Charge Policy

Dear Allies,

Today, the Department of Homeland Security published an Advance Notice of Proposed Rulemaking (ANPRM) on public charge in the Federal Register, the Biden administration’s first step to issuing final regulations. We hope and expect that the Biden administration’s final regulations will lessen the harm of public charge and, when finalized, shield families from potential attacks from future administrations. 

Over the next 60 days, we’ll have the opportunity to help inform the Biden administration’s pathway towards a better public charge policy. Please keep reading for critical information on what this means, what comes next, and what you can expect from PIF in the coming days and weeks, including information about an upcoming webinar.

What is an ANPRM?
In the preliminary stages of rulemaking, an agency may decide to publish an “Advance Notice of Proposed Rulemaking” (ANPRM) in the Federal Register to gather information.  The ANPRM is a formal invitation to participate in shaping the proposed rule and sets the notice-and comment process in motion. An ANPRM can be used to obtain public input on a regulatory change before the agency has done significant research or made a decision on a particular regulatory action.
 

What does the ANPRM do?
While our team continues to analyze the ANPRM, we want to share out some top-level highlights:

• The scope of the ANPRM is broad. DHS is soliciting public comments on multiple issues, with questions about each of the following topics:

  • Purpose and definition of public charge

  • Prospective nature of the public charge inadmissibility determination

  • Statutory factors, including age, health, family status, assets, resources and financial status, and education and skills 

  • Affidavit of support under section 213A of the INA

  • Other factors to consider

  • Public benefits considered

  • Previous rulemaking efforts 

  • Bond and bond procedures

  • Specific questions for state, territorial, local, and tribal benefit granting agencies and nonprofit organizations

• We’ll have 60 days to submit comments. The deadline to submit comments is October 22.

What’s next in the rulemaking process?
As a reminder, the issuance of the ANPRM would be the first of three steps in Biden DHS’ regulatory reform process on public charge. After DHS reviews the responses to the ANPRM, we can expect a Notice of Proposed Rulemaking (NPRM), proposing specific changes to public charge policy and again offering an opportunity to comment. The last step would be publication of a Final Rule, incorporating stakeholder comments and hopefully cementing a more responsible regulatory policy on public charge. Keep in mind, until a final rule is issued, DHS will continue to follow the public charge policy in the 1999 Field Guidance.
 

Register for our Upcoming Webinar.
Please join us for a webinar this Thursday, August 26 from 3-4pm ET / 12-1pm PT where we will provide a high-level analysis of the ANPRM, and  share information about our  comment strategy and substance. Click here to register.

In Solidarity,

Eddie Carmona & Renato Rocha, on behalf of the PIF Team

Visit us at https://protectingimmigrantfamilies.org/