USCIS rewrote the public charge test — New guidance published Aug. 18 sets out how the agency will decide whether someone applying for permanent residence is likely to become a public charge. It takes effect Sept. 18, and it replaces the standard that has governed these decisions since 1999. — USCIS, “Issues Guidance on Making Public Charge Inadmissibility Determination,” released Aug. 18, 2026

The 2022 rule is rescinded — DHS issued a final rule rescinding the Biden-era public charge regulations. It was published in the Federal Register on July 20 and takes effect Sept. 18, 2026. — Same alert, second paragraph

The filing date is what counts — The guidance supersedes the 1999 Interim Field Guidance, which had governed public charge decisions for 27 years. It applies to every Form I-485 postmarked or filed electronically on or after Sept. 18. — Same alert, closing paragraph

Five factors, weighed together — Congress set them: age, health, family status, assets and financial status, and education and skills. USCIS says no single factor decides a case — officers weigh the totality of the circumstances. — Same alert, “Making Public Charge Inadmissibility Determinations”

The list of benefits that count just got longer — Benefits received before Sept. 18 are judged the old way: cash assistance for income maintenance and long-term institutionalization only. Anything received on or after counts against “any and all benefits” — a list that now names housing assistance, food stamps and college financial aid. — Same alert, same section

Congress exempted whole categories — The test does not reach everyone. Congress put entire categories outside the public charge ground — including special immigrant juveniles and anyone applying for Temporary Protected Status. — Same alert, “Categories that are not subject to public charge” (partial list)

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Today’s edition shows our commitment to surfacing Spanish language sources even when English coverage is thin. News about changes for permanent resident applications was heavily concentrated in Spanish and Telemundo ran a Spanish-only investigative piece about conditions in the Aurora, Colorado ICE facility. Because our news gathering system is language-neutral, they surfaced anyway. Produced in part with AI, all mistakes are my own. —David

Court lets Ethiopia TPS termination proceed while a bias claim continues

A federal judge declined to keep Temporary Protected Status (TPS) protections in place for Ethiopian nationals while their legal challenge continues. The ruling allows the administration to move ahead with ending the designation, while plaintiffs may continue pursuing a claim that racial or national-origin bias influenced the decision. Newsweek, Straits Times, CNN en Español

Recent weeks have seen TPS protections expire for several groups. People who lose TPS can also lose work authorization and protection from removal if they do not have another immigration status or avenue available. Sahan Journal

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USCIS updates public-charge guidance for permanent-residence applicants

U.S. Citizenship and Immigration Services (USCIS) has published updated guidance on public-charge inadmissibility for covered applicants seeking adjustment to lawful permanent residence. The guidance explains which immigration categories are exempt and how a public-charge bond may be considered. USCIS, Telemundo McAllen, El Nuevo Herald

Officers are directed to assess the totality of the circumstances rather than treat one benefit or personal factor as automatically decisive. The factors identified include age, health, family circumstances, financial resources, education and skills, so the review turns on the applicant’s circumstances as a whole. El Comercio

Court oversight and new detention plans put immigrant children in focus

A court has moved to require additional independent oversight connected to protections for children in immigration detention. That puts compliance with safeguards for children held by the government under closer judicial attention. The Marshall Project, El Diario

Federal officials are seeking operators for an emergency facility intended to hold unaccompanied immigrant children. The proposed site would expand custody capacity and has drawn attention to the conditions and services available to children in government care. The Independent

The Independent article appears to refer to a contract originally posted July 16 to the System for Award Management. SAM.gov

Detainees describe medical-care and health concerns at Colorado ICE facility

Former detainees, a health worker and records reviewed by Telemundo describe concerns about medical attention, respiratory and gastrointestinal illnesses, food quality and tuberculosis-related conditions at Immigration and Customs Enforcement’s (ICE) processing center in Aurora, Colorado. ICE said there were no active tuberculosis cases or people still subject to contact tracing at the facility. Telemundo

Broader reporting examines a disconnect between ICE facility health ratings and reported health concerns, including deaths in detention. The gap raises questions about what formal inspections and evaluations capture, making this a distinctive Spanish-language reporting lane in the day’s coverage. Project on Government Oversight, CalMatters, KPBS Public Media

Upcoming

The next four weeks.

DHS wants to raise the cost of applying for US citizenship (Form N-400) from $760 to $1,330 on paper, and $710 to $1,280 online, with the appeal of a denial (Form N-336) going from $830 to $1,475. Reduced fees and fee waivers for naturalisation would end. Comments close Aug. 24 and implementation likely soon after.

Federal Register

Adults who want to take custody of an immigrant child who arrived without a parent or guardian would have to show more documents — proof of identity, proof of income, and information for background checks — before the Office of Refugee Resettlement (ORR) releases the child to them. Comments on the proposed rule are open until August 25, 2026.

Federal Register

The comment deadline closes on the DHS rule requiring foreign nationals in the US to register with the government and give fingerprints (Form G-325R). DHS is asking whether more immigration filings should count as registration on their own, and whether to change biometrics rules for some travelers; further rulemaking may follow.

Federal Register

Employers using the extra H-2B visas Congress allows for seasonal, non-farm jobs must file a sworn statement (attestation) that they meet the added conditions. The Labor Department is asking the White House budget office (OMB) to renew that collection — the requirement itself is not changing — and comments are open until August 31, 2026.

Federal Register

Starting September 9, the heaviest users of H-1B and L-1 visas owe a federal fee on every extension petition, not just when they hire someone new or take on another company's worker. The fee — $4,000 per H-1B petition, $4,500 per L-1 — applies to companies with 50 or more U.S. employees when more than half of them are on H-1B or L-1 visas. DHS says its old reading of a 2015 law wrongly let same-employer extensions skip the fee; this rule closes that gap through September 2027.

Federal Register

International students (F-1), exchange visitors (J) and foreign media staff (I) can currently stay as long as they keep their program going — "duration of status." This final rule replaces that with a fixed end date, and they would have to apply for an extension of stay to remain longer. It is a major rule under congressional review, so DHS may publish a different effective date.

Federal Register

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Around the system

Chicago lawmakers are pressing the Justice Department to end mass immigration-court hearing practices that they say raise due-process concerns. WBEZ Chicago
An Idaho investigation found that Canyon County probation officers compiled a list of foreign-born people for ICE and shared information about probation appointments, raising concern that people with lawful status could be swept into immigration enforcement based on birthplace rather than verified status. InvestigateWest
San Diego County ended arrangements allowing federal immigration agencies to use local firearms-training facilities. Associated Press
Employment-based green-card backlogs have reached record highs as USCIS delays and denials increase, according to a new report from the American Immigration Council.
ICE officials are due at a contempt hearing over the repeated detention of a Baltimore-area resident after a federal judge ordered his release. The court is considering whether officials responsible for the rearrests defied prior orders, with possible sanctions if contempt is found. The Banner

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