Trump Administration Revives 'Public Charge' Rule That Could Deny Green Cards to Immigrants Using Public Benefits

The Trump administration is reviving a "public charge" rule that allows immigration officers to deny green cards to immigrants using non-cash public benefits like Medicaid, SNAP, and housing assistance. Taking effect on September 18, 2026, the rule rolls back a 2022 Biden-era policy that limited reviews to cash aid. While officials argue the rule protects taxpayers and ensures self-reliance, advocates warn it will trigger a chilling effect, deterring nearly 950,000 people from seeking essential services.

Public charge rule revival

• ▪The revived public charge rule allows immigration officers to consider an applicant's use of non-cash benefits, including Medicaid, food stamps, and housing assistance
• ▪The Trump administration announced on July 16, 2026, that it is reviving a "public charge" rule allowing immigration officers to deny green cards to immigrants who use public benefits
• ▪The Department of Homeland Security is considering a proposal to require green card applicants outside the United States to post a $100,000 bond to prove they will not become a public charge

Biden-era regulation rollback

• ▪The new rule rescinds a 2022 Biden-era regulation that narrowly defined public charge determinations and limited officers to considering only cash welfare and long-term institutional care
• ▪The Department of Homeland Security stated that the Biden-era restrictions prevented officers from conducting individualized assessments and put a "straightjacket" on officers

Green card applicant impact

• ▪The Department of Homeland Security estimated in a November 2025 proposal that approximately 588,000 adjustment-of-status applicants inside the United States would be subject to public-charge reviews annually
• ▪The public charge rule exempts certain categories of noncitizens, including refugees, asylees, Special Immigrant Juveniles, trafficking and crime victims, and Violence Against Women Act self-petitioners

Chilling effect on benefits

• ▪The Department of Homeland Security estimated that the rule could reduce federal and state public-benefit transfer payments by approximately $13 billion annually, or $111 billion over a decade
• ▪The Department of Homeland Security assessed in its November 2025 proposal that the policy changes could cause about 950,000 people in immigrant households to disenroll from or forgo public benefits

Public charge test history

• ▪The public charge test has been part of U.S. immigration law for generations, historically defined in 1999 guidance as being primarily dependent on the government for subsistence
• ▪Between fiscal years 2020 and 2024, formal public charge denials of adjustment-of-status applications remained rare, ranging from 41 to 95 annually
• ▪The Trump administration first expanded the public charge rule in 2019, which led to lawsuits, but the Supreme Court allowed it to take effect in February 2020 before the Biden administration stopped defending it

Implementation timeline procedures

• ▪The final rule is scheduled to take effect on September 18, 2026, after which applicants must use a revised Form I-485
• ▪U.S. Citizenship and Immigration Services will not apply the new public charge framework for 60 days to allow the agency to update forms, guidance, and internal procedures