Broader public charge review starts Sept. 18 for many applicants

Wider public charge review begins Sept. 18

Alaskans seeking admission or a green card will face a broader review of whether they are likely to become a public charge starting Sept. 18. The Department of Homeland Security published a final rule July 20 rescinding the 2022 public charge regulation. That earlier rule had limited which benefits officers could weigh.

The Alaska Department of Labor and Workforce Development's Office of Citizenship Assistance flagged the change in its July newsletter to immigrant and refugee clients in Anchorage.

Under the rescission, US Citizenship and Immigration Services officers may consider the factors required by statute, receipt of any means-tested public benefits, and any other factor an officer finds relevant. Means-tested benefits that the 2022 rule had excluded will not be counted if they were received before the effective date.

"The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits," USCIS spokesperson Zach Kahler said in the agency's July 16 announcement.

Public charge policy has shifted repeatedly across administrations. A federal court in Illinois vacated a 2019 rule nationwide in November 2020. DHS then issued the 2022 framework, which took effect that December. USCIS proposed rescinding most of it in November 2025.

What applicants need to know

USCIS will publish a revised Form I-485, the application to register permanent residence or adjust status. Older versions postmarked or filed electronically on or after Sept. 18 will not be accepted.

The National Immigration Law Center says wider officer discretion makes outcomes harder to predict, and it urges families to consult counsel before making decisions about benefits. Advocates also warn of a chilling effect, saying broader discretion can discourage eligible families from enrolling in health and nutrition programs such as Medicaid or food assistance, even when those programs are not directly at issue in an immigration case.