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); State or local general relief/assistance
- Medicaid for long-term, institutional medical care, like a nursing home
The public charge rule only applies to the person seeking a green card through a family petition and does not look at benefits used by the person’s eligible family members, including children who are U.S. citizens or already have a green card. Remember: most immigrants who face a public charge test are not eligible for the benefits considered under the public charge rule.
Many Public Benefits are not included in the Public Charge Rule and are Safe for Eligible Family Members
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We all need health care.
These benefits are not considered under public charge rules:
• Medicaid programs* including Children’s Medicaid, Medicaid for Pregnant Women, Healthy Texas Women program, Emergency Medicaid, and Breast and Cervical Cancer Services.
• Health Insurance Marketplace Plans and the financial assistance received to pay for the plan
• CHIP and CHIP-Perinatal
• Medicare
• County hospitals and clinics
• Community Health Centers
• Home and community based services, home health, short-term rehabilitation services
• Charity care clinics
• COVID-19 testing, treatment & vaccination
* except long-term, institutional care, like nursing homes or Intermediate Care Facilities for People with Developmental Disabilities (ICF-DDs) benefits paid for by Medicaid or other government source. -
Good nutrition is always important.
These benefits are not considered under public charge rules:
• SNAP (food stamps)
• State-funded nutrition ssistance
• Food pantry programs
• Child Nutrition Programs
- Women, Infants and Children (WIC)
- Free and Reduced School Meals
- Summer EBT -
We all need a place to live.
These benefits are not considered under public charge rules:
• Public Housing /Section 8 subsidies
• Local shelters/housing assistance. -
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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