The Trump administration has recently announced a new rule that revives key elements of the “public charge” policy it attempted to implement during his first term. Immigrant advocates warn the changes could once again discourage immigrants and their families from accessing critical government services out of fear that doing so could harm their immigration cases.
We originally prepared this guide in 2022, when we interviewed two immigration experts, Health Justice Staff Attorney Arielle Wisbaum at New York Lawyers for the Public Interest (NYLPI) and Senior Staff Attorney Ariel Brown at Immigrant Legal Resource Center. This update also draws on guidance from the Protecting Immigrant Families coalition and New York Immigration Coalition, to clarify common myths and misunderstandings about the public charge policy in the immigrant community.
This information is not a substitute for legal advice from a qualified attorney or accredited representative. The content was last updated in July 2026.
What is the “public charge” rule?
Public charge policy is not a new concept. The U.S. Congress established the public charge inadmissibility test in 1883. Simply put, “public charge” is a federal law that determines if someone applying for a visa or green card would depend on public resources to satisfy their needs. If the government determines that the applicant is likely to become a public charge, they can deny their application.
Brown noted that the rule didn’t become a significant concern until the first Trump administration, which attempted to expand its application in 2019. They tried to include non-cash assistance such as non-emergency Medicaid in the public charge analysis, causing a huge chilling effect. As a result, many immigrants became afraid to use any type of public benefits.
Wisbaum pointed out that the scope of the public charge rule depends on the type of immigration application being submitted and the specific public benefits. Immigration officers also consider a range of factors, including health, age, income sources, education and skills, family size, and potential sponsors, when determining whether an applicant is likely to become a public charge.
Now, the Trump administration has ended protections against bias and discrimination in green card applications, starting on September 18, 2026.
Myth 1: Using any public benefit will make me a public charge
Not true. However, if the new public charge rule takes effect on Sept. 18, 2026, immigration officers will have broader discretion to consider an applicant’s use of a wider range of public benefits when making certain immigration decisions.
Under the Biden administration, the public charge rule only applied to certain types of public cash assistance for income maintenance and long-term institutionalized care at government expense. This included Supplemental Security Income (SSI), cash assistance under the Temporary Assistance for Needy Families (TANF) program, and state and local cash assistance programs that provide benefits for income maintenance.
But the new public charge rule replaces the standard immigration officers have used since 2022. Under the previous rule, officers generally considered only two categories of public benefits when evaluating a green card applicant: cash assistance and government-funded long-term institutional care.
The new rule no longer provides a fixed list of benefits. Instead, immigration officers may consider an applicant’s receipt of any means-tested public benefit as part of a case-by-case “totality of the circumstances” review.
Immigrant advocates say this could allow USCIS to consider a broader range of non-cash assistance programs, including the Supplemental Nutrition Assistance Program (SNAP), Medicaid, the Children’s Health Insurance Program (CHIP), Affordable Care Act health insurance subsidies, and housing assistance programs such as Section 8, when making public charge determinations after the new rule takes effect.
Myth 2: Public charge rules apply to all immigrants
Not true. The public charge rule applies to immigrants who are seeking to enter the United States or to adjust their status to become lawful permanent residents, also known as green card holders. This includes those applying for visas or green cards from within the U.S. or abroad. However, it doesn’t apply to many noncitizen immigrants, green card holders and citizens.
For example, asylees and refugees, U Visa holders, T Visa holders, Cuban and Haitian entrants at adjustment of status are exempt from the public charge rules. Click here to see the full list of who are exempt from public charge.
For green card holders, please note that if you are traveling abroad for more than 180 days in a row or have certain criminal convictions, you may be subject to a public charge test again.
Myth 3: Public charge determinations will consider family members’ benefit use
What was once a myth could become reality under the new policy. This is one of the biggest changes under the Trump administration’s new public charge rule. Previously, an immigrant’s own use of public benefits was the only factor considered in the public charge determination, not their family members’ use of benefits. For example, many mixed-status families have U.S. citizen children. It’s perfectly acceptable for these children to access any benefits for which they qualify, including food stamps and cash assistance.
However, if the new rule takes effect on Sept. 18, it will allow immigration officers to consider a dependent’s use of public benefits as part of evaluating the applicant’s financial circumstances. For example, if a dependent, such as a U.S. citizen child, receives benefits like SNAP or Medicaid, officers may take that into account when reviewing the parent’s green card application. They may also consider the applicant’s overall financial situation during the period the dependent received those benefits.
Myth 4: Applying for public benefits will automatically lead to deportation
Not true. Importantly, this public charge regulation only applies to “admissibility,” and not deportability. The public charge rule only applies to individuals applying for an I-485, or Permanent Residency, and would not be used to decide if an individual should be deported; only if they are eligible to receive a Green Card. The use of benefits in that process would not lead to automatic deportation. But everyone’s immigration case is different. For individuals and families that are unsure if the new public charge rule will impact their ongoing cases, immigrant advocates urge them to contact their immigration attorney or trusted legal contact. If they do not have an attorney, they should connect with trusted community organizations and legal groups..
Myth 5: Public charge changes public benefits eligibility
Not true. Eligibility for public benefits is distinct from public charge considerations. Public charge relates to the immigration implications of using those benefits but does not affect an individual’s eligibility. If someone is unsure about their qualifications for certain benefits, they should consult the relevant benefits granting agency to determine factors such as income level, age, immigration status, and other requirements.
Resources:
Here are some online resources for immigrants to navigate about the public charge policy. Wisbaum and Brown also suggest immigrants should consult with an attorney if they have concerns about how changes in administrations could impact the public charge test or if they are not sure if their situation would be considered as public charge.
People with questions can call the city’s free, confidential immigration legal hotline at 1-800-354-0365, where trained staff can connect callers with legal service providers in their preferred language. More information is also available at nyc.gov/publiccharge.
- Online tool to self check if you are counted as public charge: https://keepyourbenefits.org/en/na/public-charge
- Guides on “What Changed With Public Charge?” and “Data Privacy and Public Programs: 5 Things You Need to Know” by Protecting Immigrant Families.
- A comprehensive explainer of what the new public charge rule means for immigrant New Yorkers by the New York Immigration Coalition.
