The Trump Administration has issued a policy that takes away the Biden Administration’s public charge rule, starting on September 18, 2026. This new policy is likely to change the way public charge affects certain immigrant families.

Rules about public benefit programs and immigrants are confusing. But benefits can help your family stay healthy and thrive.

We are currently adjusting the guide to the new policy. Check back here soon for the latest information!

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What are Public Benefits and Public Charge?

Not all immigrants face a public charge test. Click to learn which immigrants are affected.

The new public charge policy changes how public benefits are considered in a public charge test for immigration applications filed on or after September 18, 2026. Click here to learn about benefits.

Public Charge Rule

Some immigration applications have a Public Charge test. An immigration officer uses this test to decide if a person is likely to depend financially on the government in the future.

Public Benefit Programs

Public Benefits are help from the government for basic needs like health care, housing, food, or cash. They can be from the federal, state, or local government. Read below to see which Public Benefits count for Public Charge.

Who is affected by the Public Charge Rule?

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    It does not apply to:

    • U.S. Citizens or people applying for citizenship

    • Lawful Permanent residents (Green Card holders) unless the Green Card holder leaves the U.S. for more than 6 months. A Public Charge assessment can apply when they try to return.

    • People applying for Green Card renewal or DACA renewal

    • People applying for TPS, U or T Visas, Asylum or Refugee Status, Special Immigrant Juvenile Status or VAWA.

    • People who have a U or T Visa or VAWA status even if they apply for a Green Card through a family-based petition.

    • People applying for a Green Card based on a U or T visa, Special Immigrant Juvenile Status, VAWA or Asylum/Refugee status.

    For a complete list, visit the Public Charge page.

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    It may apply to:

    • Immigrants applying for Lawful Permanent Residence (Green Card) through a family-based petition.

    • Lawful Permanent Residents who leave the U.S. for more than 6 months and seek to reenter.

    • People seeking to enter the U.S. temporarily as “non-immigrants”

Which Public Benefits are included in the Public Charge Rule?

Only these benefits obtained for the immigrant:

● Cash assistance for income maintenance

â—‹ Transitional Assistance for Families with Dependent Children (TAFDC) Supplemental Security Income (SSI) or State Supplemental Payments (SSP)

â—‹ Emergency Aid to the Elderly, Disabled, and Children (EAEDC)

● MassHealth for long-term institutionalized care at government expense, like a nursing home or psychiatric hospital.

The Public Charge rules look at benefits received for the person applying for a Green Card through a family petition. And most immigrants who face a public charge test don't qualify for the benefits that are counted in the Public Charge rule. The rule does not look at benefits used by family members, including children, who are not applying for a green card.

Many Public Benefits are not included in the Public Charge Rule

Our Partners

Colorado
California Protecting Immigrant Families
Philadelphia
Florida Health Justice
Immigration Advocates Network
ILRC
Legal Aid Society of California
New York
Michigan Immigrant Rights Center
Michigan Immigrant Rights Alliance
NC Justice
New Mexico Poverty Law Center
Northwest Health Law Advocates
No Kid Hungry
Protecting Immigrant Families
Protecting Immigrant Families Illinois
Probono.net
Shriver Center for Poverty Law