DHS not only ensured that the public had a meaningful opportunity denver broncos national football league ugly christmas sweater to comment by clearly articulating which factors USCIS will consider as
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cited a report by the National Academies of Sciences, Engineering, and Medicine for the proposition that second-generation child immigrants are the most fiscally positive of all immigrants to the United States. denver broncos national football league ugly christmas sweater However, DHS notes that officer discretion is not a new concept in USCIS immigration benefits adjudications. Several benefits provided under the Act are discretionary in nature, and involve an assessment and weighting of positive and negative factors. For example, an alien’s adjustment of status application to that of lawful permanent resident under section 245 of the Act, 8 U.S.C. 1255, requires the officer to weigh all positive and negative factors in the alien’s case to ultimately determine whether lawful permanent resident status should be granted as a matter of discretion.
DHS disagrees with commenters’ characterization that the rule overall, the proposed framework for the public charge determination, and individual factors, as published in the NPRM, lack required specificity or are impermissibly vague. When creating implementing regulations under the APA, an agency must provide notice that, among other things, articulates the terms or substance of the proposed rule, or a description of the subjects and issues involved. A notice of proposed rulemaking must contain sufficient factual details and rationale to permit interested parties to comment meaningfully. An agency is accorded broad deference in selecting the level of generality at which it may articulate regulations but a regulation is not deemed vague simply because it may contain a factor that is difficult to prove; it may be deemed vague or lacking in specificity if it is unclear as to what fact must be proven. The NPRM and this rule both make abundantly clear what an alien must prove.