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!
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. -
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 public benefits used by the person going through a public charge test will be considered:
- Cash Assistance:
- Supplemental Security Income (SSI)
- NM Works/Temporary Assistance for Needy Families (TANF)
- General Assistance (GA)
- NM Medicaid/Centennial Care/Turquoise Care for long-term, institutional medical care, like a nursing home
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
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Everyone needs health care.
These benefits will not affect immigration options:
• New Mexico Medicaid/Centennial Care/Turquoise care, including Emergency Medicaid Services for Non-Citizens (except for long-term, institutional care, like nursing home benefits)
• BewellNM
• Medicare
• Hospital financial assistance, charity care programs, or health care at a Community Health Center
• COVID-19 testing, treatment & vaccination -
Good nutrition is always important.
These benefits are not counted in a public charge test:
• SNAP (food assistance)
• State-funded nutrition assistance
• Food pantry programs
• Child Nutrition Programs
- Women, Infants and Children (WIC)
- School Lunch and Breakfast
- SUN Bucks (Summer EBT) -
We all need a place to live.
These benefits do not affect immigration options:
• Public Housing/Housing Choice Voucher (Section 8) subsidies
• Local shelters/housing assistance
• NM Low-income Energy Assistance Program (LEAP) -
Your rights as a worker are protected.
These benefits are not counted in a Public Charge test:
• Unemployment
• Social Security Retirement/Disability
• Workers' Compensation
• Tax credits
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