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DHS proposes to rescind 2022 public charge regulations
On 19 November 2025, the Department of Homeland Security (DHS) published a proposed rule to rescind the 2022 public charge regulations. Specifically, DHS notes that the current rules are too restrictive, limit officer discretion, and do not align with congressional intent. The proposed changes would remove narrow definitions and frameworks, allowing officers to consider a broader range of public benefits and a greater scope of information when determining if an applicant is likely to become a public charge.
A Tax Alert prepared by EY's People Advisory Services, and attached below, provides additional details.