New Public Charge Guidance Could Frighten Eligible Arizona Families Away From Essential Assistance

USCIS guidance confirms broader consideration of means-tested benefits beginning Sept. 18; AZCenter warns chilling effect will carry costs statewide

New federal guidance confirms that immigration officers will soon have broader discretion to consider the use of means-tested public benefits when deciding whether certain people may be admitted to the U.S. or receive lawful permanent residence, commonly called a green card. 

The U.S. Citizenship and Immigration Services guidance, issued Aug. 18, explains how officers will implement the Department of Homeland Security’s new public charge rule beginning Sept. 18, 2026. 

The Arizona Center for Economic Progress warns that the policy could create a widespread chilling effect, causing eligible Arizona families — including families that are not subject to the public charge test and families with U.S. citizen children — to withdraw from food, health care and other essential assistance out of fear. 

“The legal reach of this policy may be limited, but fear has a much larger reach,” said Gauri Agarwal, AZCenter state policy fellow. “When families do not know what will count against an immigration application or how heavily it will count, avoiding assistance may feel like the safest choice — even when the policy does not apply to them. That chilling effect will carry a real cost for Arizona.” 

Public charge is a test used in certain immigration applications to determine whether a person is likely to become dependent on government assistance in the future. The new rule rescinds regulations adopted in 2022 that provided more detailed standards for making those determinations. 

The final rule and new USCIS guidance confirm that beginning Sept. 18: 

• Immigration officers may consider any means-tested public benefits received by an applicant who is subject to the public charge test. 
• Officers must evaluate the totality of an applicant’s circumstances, including age, health, family status, finances, education and skills. Receiving a public benefit will not automatically result in someone being denied admission or a green card. 
• Benefits received before Sept. 18 that were excluded under the 2022 regulations will continue to be evaluated under those narrower standards. 
• USCIS will not treat benefits received by an applicant’s relatives, including U.S. citizen children, as if the applicant received them. The applicant’s broader financial circumstances may still be relevant to the assessment. 

The public charge test does not apply to everyone. U.S. citizens, people applying for U.S. citizenship, most current green card holders, refugees, asylees and many people with humanitarian immigration protections generally are not subject to a public charge determination. 

But the consequences of the policy could reach far beyond the relatively limited group directly subject to the test. 

When the first Trump administration expanded public charge in 2019, research documented declines in Medicaid, SNAP and other program participation among immigrant families. Some people avoided assistance even when the policy did not apply to them or when the benefits were intended for their U.S. citizen children. 

DHS itself acknowledged during the latest rulemaking process that eliminating the 2022 framework could cause people who are not subject to public charge to withdraw from programs for which they remain eligible. 

“Arizona will pay a price if fear causes eligible families to give up food or health assistance,” Agarwal said. “The need does not disappear. It shifts to already strained food banks, hospitals, schools, employers, local governments and taxpayers, while federal dollars stop flowing to Arizona communities.” 

Arizona’s safety net is already under significant strain. Hundreds of thousands of Arizonans have lost SNAP since July 2025, removing hundreds of millions of dollars in food assistance from household budgets and local economies. Those losses were not caused by the new public charge policy, but another federal policy that suppresses participation among eligible families could compound the harm. 

The Arizona Center for Economic Progress urges families not to stop health coverage, food assistance or other benefits based on rumors or generalized warnings. Anyone concerned about how the policy may affect a specific immigration application should speak with a qualified immigration attorney or Department of Justice-accredited representative before making decisions about benefits for themselves or their family. 

Learn more: 

• New Public Charge Policy Creates More Fear and Uncertainty for Arizona Families 
• To Whom Does the New Public Charge Policy Apply?

Related public-program cuts: 

• Arizona Students Are Back in School. Hundreds of Schools Could Lose Access to Free Meals.
• Arizona Has Lost $600 Million in SNAP Benefits. The Economic Warning Signs Are Emerging.

AZCenter will continue monitoring the implementation of the policy and its effects on Arizona families, communities and the state’s economy.