To Whom Does the New Public Charge Policy Apply?
A new federal public charge policy is scheduled to take effect Sept. 18, 2026. It does not apply to everyone, and receiving a public benefit does not automatically mean someone will be denied a green card or admission to the U.S.
What is public charge?
In general, public charge refers to a person’s self-sufficiency or expected reliance on government assistance. It is a ground of inadmissibility under federal immigration law. It is used to determine whether certain people may be denied admission to the U.S. or lawful permanent residence, commonly called a green card, because the government concludes they are likely to become a public charge in the future.
Beginning Sept. 18, immigration officers will have broader discretion to consider an applicant’s circumstances, including the applicant’s use of means-tested public benefits.
The final rule does not provide a complete list of programs or detailed instructions for how different benefits will be weighed. Additional guidance from U.S. Citizenship and Immigration Services is expected.
Who may be affected?
A public charge determination may apply to:
- Some people applying for a green card from within the U.S.
- Certain people seeking admission to the U.S.
- Some green card holders returning to the U.S. after an extended absence or under other specific circumstances
Whether the public charge test applies depends on the person’s immigration status and the particular application they are submitting.
Who generally is not affected?
The public charge test generally does not apply to:
- U.S. citizens
- People applying to become U.S. citizens through naturalization
- Most current green card holders
- Refugees
- Asylees
- People granted or applying for U visas or T visas
- Violence Against Women Act self-petitioners
- Special Immigrant Juveniles
- Many other people with humanitarian immigration protections
If you are unsure whether you fall within an exempt category, consult a qualified immigration attorney or accredited representative.
Does receiving SNAP, Medicaid or another benefit automatically make someone a public charge?
No.
Receiving a public benefit does not automatically mean someone will be denied a green card or admission to the U.S.
For people who are subject to the public charge test, officers must consider the person’s overall circumstances. These can include age, health, family status, finances, education and skills, as well as the person’s use of means-tested public benefits.
Under the new policy, DHS specifically says that previously excluded benefits such as SNAP and Medicaid should be considered. But the final rule does not explain exactly how much weight officers will give different benefits, amounts or periods of participation.
What if a person received benefits before Sept. 18, 2026?
DHS says benefits received before Sept. 18 that were excluded under the 2022 regulations will continue to be evaluated under those narrower standards.
That means the new, broader approach to means-tested benefits is not intended to apply retroactively to benefits received before the new policy takes effect.What if an individual’s child or another person in their family receives benefits?
Benefits received by a family member generally are not treated as benefits received by the immigrant applicant.
For example, a U.S. citizen child’s receipt of health coverage or food assistance does not automatically count as the parent’s receipt of those benefits.
A family member’s benefits could become indirectly relevant in limited circumstances involving the applicant’s income, financial responsibilities or reliance on those benefits for the applicant’s own support. Because mixed-status family situations can be complicated, seek individualized legal guidance before stopping benefits for a child or another family member.
Does public charge apply when someone applies for U.S. citizenship?
No. A public charge determination is not part of the naturalization process.
A current green card holder is not subjected to a public charge test simply because they apply to become a U.S. citizen.
What should I do if I am worried?
- Do not assume the new policy applies to you.
- Do not stop benefits for yourself or your family based only on fear, rumors or social media posts.
- Speak with a qualified immigration attorney or Department of Justice-accredited representative about your individual situation.
- Watch for updated information as USCIS releases additional guidance.
Many free legal assistance services exist for immigrants, including:
The Arizona Center for Economic Progress will continue monitoring this policy and updating its resources as additional federal guidance becomes available.
This resource provides general information and is not legal advice. Immigration law is highly specific to each person’s circumstances.
