By: Eric Oberdorfer, Director of Policy & Legislative Affairs

July 21, 2026 — Last week, the Department of Homeland Security (DHS) released its Public Charge Ground of Inadmissibility final rule. The rule largely follows the approach outlined in DHS’ November 2025 proposed rule by rescinding the detailed regulatory framework established in 2022. The final rule returns to a broader, more discretionary, case-by-case assessment of whether an individual is likely to become a public charge. The rule takes effect September 18, 2026.

The 2022 public charge regulations defined “likely at any time to become a public charge” as likely to become primarily dependent on the government for subsistence through public cash assistance for income maintenance or long-term institutionalization at government expense. The regulations also specifically excluded housing assistance and other benefits from consideration. The final rule rescinds these definitions and other regulatory provisions governing the consideration of public benefits.

The final rule does make an important change from the proposed rule. The proposed rule would have allowed DHS to consider certain public benefits received by individuals while they were in an immigration category exempt from the public charge ground if they later sought adjustment of status under a nonexempt category. The final rule does not permit this. NAHRO is pleased that this provision was not included, as it could have potentially made the receipt of housing benefits relevant to future public charge determinations.

The final rule includes a transition protection for benefits that were excluded under the 2022 regulations and received before the new rule takes effect. Those previously excluded benefits will not be considered under the new framework. Benefits received on or after the effective date, however, may be considered as part of the broader totality-of-the-circumstances analysis.

The final rule does not automatically make receipt of a Housing Choice Voucher, Public Housing, or Section 8 Project-Based Rental Assistance a basis for inadmissibility. However, by rescinding the 2022 regulations’ categorical exclusions and returning to a broader and more discretionary approach, the rule creates greater uncertainty about how public benefits may be evaluated in individual immigration cases.

In its comment letter on the proposed rule, NAHRO expressed concern that the changes would vaguely expand the authority of immigration officers and the programs that could be considered in public charge determinations. NAHRO noted that noncitizen participation in Public Housing, the Housing Choice Voucher program, and Section 8 Project-Based Rental Assistance is relatively low. Moreover, federal law and HUD regulations already limit housing assistance to U.S. citizens and eligible noncitizens, with assistance prorated where ineligible noncitizens are members of an assisted household. Because existing safeguards already ensure that federal housing dollars are not used to subsidize ineligible noncitizens, NAHRO saw no fiscal justification for DHS to further involve itself in this area.

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