What's Happening

On July 20, 2026, the Department of Homeland Security (DHS) published a final rule that rescinds the 2022 public charge regulations. The “public charge” rule is the test the government uses to decide whether someone applying for a green card or admission to the United States is likely to depend on government support in the future. If the government decides someone is likely to become a public charge, it can deny the green card or entry.

The new rule, which takes effect on September 18, 2026, removes the clear definitions and protections adopted in 2022 and gives immigration officers much broader discretion. Importantly, the new rule also greatly expands the list of government benefits that can count against an applicant. Under the 2022 rule, only cash assistance and long-term institutional care mattered. Under the new rule, officers can consider any “means-tested” benefit, meaning any government program with an income limit, including Medicaid, SNAP (food stamps), CHIP, and housing assistance. A chart comparing the new and former public charge rules can be found here.