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 benefits obtained for the immigrant:
- Cash Assistance:
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families (TANF)
- General Assistance
- Medicaid/Medical Assistance for long-term, institutional medical care, like a nursing home
REMEMBER that if public charge does NOT apply to you, you can receive any of the benefits listed above, and any other benefit you are eligible to receive, without any public charge risk.
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. For example, the TANF or SSI that an adult receives for a child does NOT count during the adult’s public charge test. When a child receives TANF or SSI, the TANF or SSI money will go to an adult in the family. The adult receives the money so that the adult can use the money to buy items the child needs. The TANF or SSI that an adult receives for a child may come on a card with the adult’s name on it or go to a bank account with the adult’s name on it. Again, the TANF, SSI that an adult receives for a child does NOT count during the adult’s public charge test.
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:
â— Medicaid/Medical Assistance programs (except for long-term, institutional care, like nursing home benefits)
â— Pennie/Marketplace/Obamacare/ACA coverage and subsidies
â— Medicare
â— CHIP
â— Community Health Choices and all other Home and Community Based Services programs
â— Community and city health clinics
â— Hospital charity care programs
â— Special Pharmaceutical Benefit Program (SPBP) and other prescription assistance programs
â— COVID-19 testing, treatment & vaccination -
Good nutrition is always important.
These benefits are not counted in a public charge test:
â— SNAP (food stamps)
â— Women, Infants and Children (WIC)
â— School Lunch and Breakfast
â— P-EBT and Sunbucks
â— Food pantry programs -
We all need a place to live.
These benefits do not affect immigration options:
â— Public Housing /Section 8 subsidies
â— Local shelters
â— Rental assistance
â— LIHEAP (Low Income Home Energy Assistance Program)
â— Utility assistance programs
â— Rent and Property Tax Rebate -
Your rights as a worker are protected.
These benefits are not counted in a public charge test:
â— Unemployment
â— Social Security Disability Insurance (SSDI) and Social Security Retirement
◠Workers’ compensation
â— Tax credits
â— Childcare subsidy
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