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How will immigrants be impacted by the Trump Administration’s 2026 Public Charge Rule?

by

New York Immigration Coalition
August 2026

A new Trump Administration Federal Rule that will restrict immigrants’ ability to adjust status or enter the United States on a visa  takes effect September 18, 2026. The rule is commonly called “Public Charge,” and its formal name is the “Public Charge Ground of Inadmissibility” Rule. Based on the impacts of a similar rule implemented in 2019, we expect confusion, inconsistency, and a chilling of immigrants and even U.S. citizens accessing various public benefits programs.

What do “Public Charge” and “Inadmissibility” mean?

“Public charge” is a legal term for individuals who rely on government assistance to survive. Since the 1880s, U.S. immigration law has had legal provisions that prohibit people who are “likely at any time to become a public charge” from legally entering the U.S., and that prohibit them from adjusting their status to lawful permanent resident (LPR, or green card holder) once here. A legal entry into the U.S. is known as an admission, and so, under the law, a likelihood of becoming a public charge is a reason to deny admission, or a “ground of inadmissibility.” If the U.S. government determines that the individual is likely to become a public charge, that person would be ineligible for a visa or a green card.  

“Public charge” was defined in federal guidance in 1999. It was briefly changed during the first Trump Administration, before being changed back during the Biden Administration. The longstanding definition set forth in 1999 stated that a public charge is someone who is “primarily dependent” on government cash assistance or government-funded long-term institutional care. 

What is the new Rule?

The new Public Charge rule makes two important changes: 

  • First, it removes the old criteria to identify what benefits can count – and which ones do not count – in a public charge determination. Those prior standards limited public charge to two specific public benefits—cash assistance and government-funded long-term institutional care. The current regulation defines “a means-tested public benefit” as one based on income or assets falling below a certain threshold and provided by a government agency or with government funds. Earned benefits like Social Security, Medicare, or Unemployment Insurance are not considered means-tested public benefits.
  • Second, the prior Rule excluded benefits received by an individual’s family members. The new Rule instructs officers to assess individuals by “the totality of circumstances,” which may include public benefits received by children or relatives who an individual is legally obligated to support

What does this mean?

The new public charge rule will be a radical shift in how the public charge test is applied. We expect the change to have a chilling effect on the use of public benefits by citizens and non-citizens alike, and to deter families from using essential public programs.

What benefits will now be considered?

The rule does not specify which benefits will be considered. Instead, the new rule allows immigration officers to make public charge determinations based on the receipt of (or mere application or certification for) any means-tested public benefits instead of just the two narrow categories of cash assistance or government-funded institutionalized long-term care. 

The following public benefits could be considered by USCIS after the new rule goes into effect:

  • Nutrition Programs
    • Supplemental Nutrition Assistance Program (SNAP)
    • Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
    • Benefits under the Emergency Food Assistance Act (TEFAP)
    • Child and Adult Care Food Program (CACFP)
    • Food Distribution Program on Indian Reservations (FDPIR)

  • Health Programs
    • Medicaid, Children’s Health Insurance Program (CHIP), Essential Plan, and health insurance through the Affordable Care Act
    • Home and community-based services (HCBS)
  • Housing Programs
    • Public housing programs like Section 8 
    • Home Energy Assistance Program (HEAP)
  • Education & Other Programs
    • Head Start or Early Intervention
    • Child Tax Credit (CTC) or other tax-related cash benefits including Earned Income Tax Credit (EITC)

What immigration statuses are included and excluded from public charge?

Public charge applies to individuals who are in the process of becoming LPRs (i.e., who are getting a green card) or who are immigrating to the United States. Public charge may also apply to certain LPRs who leave the United States and then reenter, including those who were abroad for more than 180 days. 

The public charge test does not apply to individuals filing for permanent residence who are applying on the basis of being:

  • Asylees
  • Refugees
  • Survivors of domestic violence, trafficking, or serious crimes (VAWA, T visa holders, or U visa holders)
  • Children or young adults with SIJ (Special Immigrant Juvenile classification)

Public charge does not apply to LPRs who are renewing their green card, or to U.S. citizens.

1 Individuals who are derivative visa holders of many of the categories below and attempting to obtain green cards for the first time should consult an immigration lawyer.

Will prior use of benefits be used to determine if someone is a public charge?

Cash assistance and long-term institutional care at government expense have always been considered. In addition, once the new policy takes effect on September 18, 2026, any other means-tested public benefits received after that date, as well as the authorization or certification for benefits, even if not actually received, can be used in a public charge determination.

Can DHS consider a child’s use of benefits on a parent’s application?

Yes. The new Rule allows DHS to consider the use of benefits by a “dependent”—such as a citizen or noncitizen child—among other members of an individual’s household, as well as the applicant’s economic conditions during the period when the dependent was receiving the benefits. 

Where to go for help

For individuals and families that are unsure if the new public charge rule will impact their ongoing cases, please contact your immigration attorney, or trusted legal contact. If you do not have an attorney, connect with trusted community organizations and legal groups. 

In New York, you may call: