USCIS Guidance on Public Charge Rule Omits Key Definitions
In an issue brief, KFF reports that USCIS issued Policy Manual guidance on August 18, 2026 to implement DHS's July 2026 final rule, which rescinded 2022 Biden-era public charge regulations and took effect September 18, 2026. The new rule removed prior definitions of "public charge" and the determination framework without replacing them, and the guidance likewise does not define who may be considered a public charge or provide an exhaustive list of benefits counted in determinations, leaving officers broad discretion. KFF states this applies to USCIS adjustment of status adjudications only, not determinations made by Customs and Border Protection, the State Department, or immigration courts. KFF notes the lack of detail will likely increase confusion and fear among immigrant families, potentially limiting participation in public programs including among citizen children in these families.