DHS and USCIS revived the 'public charge' rule to deny green cards over immigrants' use of public benefits like SNAP and Medicaid

On July 16, 2026, the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) filed a final rule reviving the "public charge" ground of inadmissibility, which allows immigration officers to deny green cards to applicants deemed likely to depend on public benefits. The rule appeared on public inspection in the Federal Register on Thursday, with formal publication scheduled for July 20 and an effective date of September 18. It rescinds a 2022 Biden-era policy and directs officers to weigh a broader range of programs — including food assistance, Medicaid, and housing vouchers — along with applicant characteristics such as age and health.

The "public charge" policy was first implemented in February 2020 during President Trump's first administration as part of an effort to limit legal immigration, and was rescinded after President Joe Biden took office. Federal law has long required those seeking permanent residency to show they will not become a "public charge," but the revived rule significantly expands the benefits and factors that can disqualify an applicant.

USCIS defended the change on its official account, stating the government "is reaffirming the requirement of self-reliance, protecting public resources and ending policies that encouraged dependency on the backs of hard-working American taxpayers," and that "immigrants must be able to support themselves." Immigrant-rights advocates and public-health experts have condemned the approach as a "wealth test." Adriana Cadena of Protecting Immigrant Families warned it could discourage even U.S.-citizen children from accessing benefits out of fear over relatives' immigration cases, and Sarah Krieger of the National Immigration Law Center described it as "weaponizing the federal government" to create fear around healthcare, food, and other services. Advocacy groups reported that the earlier version of the rule caused widespread confusion, leading many eligible immigrants and their U.S.-born relatives to forgo services they were entitled to.

Updates

2026-08-18 — USCIS guidance let officers weigh benefits used by applicants' dependents [5, 6]

On August 18, 2026, USCIS issued Policy Manual guidance implementing the revived public-charge rule for green-card applications filed on or after September 18, 2026. Under a "totality of the circumstances" analysis, adjudicators may weigh an applicant's age, health, family status, finances, and education alongside receipt of means-tested public benefits such as Medicaid and food assistance. According to the guidance, officers may also count public benefits used by an applicant's dependents, including U.S.-citizen children, when assessing the application. Benefits received before September 18 remain judged under the narrower, cash-only standard that preceded the change.