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Proposed Rules
Federal Register Vol. 86, No. 160
Monday, August 23, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration Services 8 CFR Part 212
CIS No. 269621; DHS Docket No. USCIS
20210013
RIN 1615AC74

Public Charge Ground of Inadmissibility U.S. Citizenship and Immigration Services, DHS.
ACTION: Advance notice of proposed rulemaking and notice of virtual public listening sessions.
AGENCY:

Under provisions of the Immigration and Nationality Act, the Department of Homeland Security DHS administers the public charge ground of inadmissibility as it pertains to applicants for admission and adjustment of status. DHS is publishing this advance notice of proposed rulemaking ANPRM to seek broad public feedback on the public charge ground of inadmissibility that will inform its development of a future regulatory proposal. DHS intends to propose a rule that will be fully consistent with law; that will reflect empirical evidence to the extent relevant and available; that will be clear, fair, and comprehensible for officers as well as for noncitizens and their families; that will lead to fair and consistent adjudications and thus avoid unequal treatment of the similarly situated; and that will not otherwise unduly impose barriers on noncitizens seeking admission to or adjustment of status in the United States. DHS also intends to ensure that its regulatory proposal does not cause undue fear among immigrant communities or present other obstacles to immigrants and their families accessing public services available to them, particularly in light of the COVID19 pandemic and the resulting long-term public health
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and economic impacts in the United States. DHS welcomes input from individuals, organizations, government entities and agencies, and all other interested members of the public.
Comments will be most helpful if they clearly identify the questions to which they are responding, offer concrete proposals, and/or articulate support or opposition to current or prior DHS
public charge policies, and cite to relevant laws, regulations, data, and/or studies. DHS is also providing notice of public virtual listening sessions on the public charge ground of inadmissibility and this ANPRM.
DATES: Written comments and related material must be submitted on or before October 22, 2021.
Listening Sessions Dates and Themes:
The virtual public listening sessions which will be opportunities for the public to speak directly to DHS on the questions raised in this ANPRM will be held on Date/time September 14, 2021
at 2:00 pm ET.
October 5, 2021 at 2:00 pm ET.

Theme Listening Session for the General Public.
State, Territorial, Local, and Tribal Benefits Granting Agencies and Nonprofit Organizations Only.

Registration to comment date: For an opportunity to provide oral comments during the virtual public listening sessions, you must register by 12:00
p.m. noon Eastern Time ET on the Sunday before the listening session in question. For registration instructions, see the Public Participation section below.
ADDRESSES: You may submit comments on this ANPRM, identified by DHS
Docket No. USCIS20210013, through the Federal eRulemaking Portal: https
www.regulations.gov. Follow the website instructions for submitting comments.
Comments submitted in a manner other than the one listed above, including emails or letters sent to DHS
or U.S. Citizenship and Immigration Services USCIS officials, will not be considered comments on the ANPRM
and may not be considered by DHS in informing future rulemaking. Please note that DHS and USCIS cannot accept any comments that are hand-delivered
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or couriered. In addition, USCIS cannot accept comments contained on any form of digital media storage devices, such as CDs/DVDs and USB drives. USCIS is not accepting mailed comments. If you cannot submit your comment by using https www.regulations.gov, please contact Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security, by telephone at 240 7213000 for alternate instructions.
FOR FURTHER INFORMATION CONTACT:
Andrew Parker, Branch Chief, Residence and Admissibility Branch, Residence and Naturalization Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, DHS, 5900 Capital Gateway Drive, Camp Springs, MD 20746; telephone 240
7213000 this is not a toll-free number.
SUPPLEMENTARY INFORMATION:

Table of Contents I. Public Participation II. Background A. Legal Authority B. Regulatory History III. Request for Information A. Purpose and Definition of Public Charge B. Prospective Nature of the Public Charge Inadmissibility Determination C. Statutory Factors D. Affidavit of Support Under Section 213A of the INA
E. Other Factors to Consider F. Public Benefits Considered G. Previous Rulemaking Efforts H. Bond and Bond Procedures I. Specific Questions for State, Territorial, Local, and Tribal Benefit Granting Agencies and Nonprofit Organizations
Table of Abbreviations AFMUSCIS Adjudicators Field Manual ANPRMAdvance Notice of Proposed Rulemaking BIABoard of Immigration Appeals CFRCode of Federal Regulations DHSDepartment of Homeland Security DOSDepartment of State DOJDepartment of Justice FAMDepartment of State Foreign Affairs Manual HCVHousing Choice Voucher HSAHomeland Security Act IIRIRAIllegal Immigration Reform and Immigrant Responsibility Act of 1996
INAImmigration and Nationality Act INSImmigration and Naturalization Service IRCAImmigration Reform and Control Act LPRLawful Permanent Resident
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