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Advocates see the change as an effort to spur confusion and scare immigrants from using public programs. “We see a lot more people who are already affected by the chilling effect of the rule, who are almost certainly never going to be affected by it.”
On July 16, the U.S. Department of Homeland Security (DHS) announced a new set of rules governing its “public charge” determination—a forward-looking test the federal government uses to assess the self-sufficiency of people who are applying for lawful permanent residence.
The new rule is set to take effect on Sept. 18, and will only affect green card applications filed from that day forward.
When announcing the change, DHS said in a statement that the Trump administration is “protecting American taxpayers from paying for” immigrants who might end up on public benefits.
The concept of public charge has been on the books for more than a century, and while each presidential administration has interpreted it differently, it’s been generally understood as a test to assess a migrant’s dependency on the federal government for basic needs.
U.S. Citizenship and Immigration Services (USCIS) officers will be responsible for evaluating the entire green card application, just one aspect of which is the public charge, attorneys emphasized.
“Decisions are made case-by-case, based on the person’s overall circumstances, not a single factor or an officer’s personal opinion,” USCIS Spokesman Zach Kahler said in a statement. “Relevant factors may include age, health, family situation, financial resources, education, skills, and any required affidavit of support.”
Immigration advocates have criticized the change, which now considers benefit programs that had previously been excluded. They say it also allows immigration officials too much personal discretion in determining whether someone is likely to become a public charge.
While the new rule applies only to future green card applicants, advocates see it as another attempt to spread fear among all immigrants, even those who won’t be affected by it.
“The harm doesn’t just end with the people who are directly subject to the rule,” said Sarah Krieger, senior policy counsel at the National Immigration Law Center. “The fear and confusion is sort of spreading through mixed-status families and our communities, and so we just really encourage people to get their information from trusted sources.”
City Limits prepared this guide to explain the rule and give an overview of the changes, potential impacts, and common misconceptions.
Who does this apply to?
The new rule will apply to those seeking a green card to become legal residents, but only if their applications are postmarked or submitted electronically on or after Sept. 18, 2026.
The rule is not retroactive, attorneys consulted insisted, meaning it also doesn’t look at use of public benefits before that date (except in the case of cash benefits or long-term institutionalization funded by the government, according to the city).
The public charge test triggers when someone applies for a green card based on these categories:
- Family-based applications (this includes relatives of U.S. citizens and relatives of legal permanent residents)
- Employment-based applications (this includes priority workers, skilled workers, professionals and EB-5 petitions, among others)
- Special immigrant applicants (like religious workers, U.S. government employees abroad, and U.S. armed forces personnel, among others)
- Those born under diplomatic status, selected through diversity visa, S visas for witness/informants, among others.
Keep in mind that the USCIS only makes public charge determinations when reviewing a green card application, and not at any other point in the immigration process.
“The 2026 rule does not change who is subject to a public charge determination. It always has and will continue to mostly affect people seeking to adjust their status (i.e. obtain a green card),” said Hasan Shafiqullah, a lawyer with The Legal Aid Society.
Who won’t be affected?
Lawyers said the list of people it doesn’t apply to is way longer than the list of people it does apply to.
This new rule doesn’t apply to asylees, refugees, TPS holders, T and U visa holders, Violence Against Women Act (VAWA) self-petitioners, youth with Special Immigrant Juvenile Status, and Lautenberg parolees.
It also excludes green card applicants applying under the Cuban Adjustment Act of 1966, the Nicaraguan Adjustment and Central American Relief Act, the Haitian Refugee Immigration Fairness Act of 1998, the Liberian Refugee Immigration Fairness law, as well as certain Vietnamese, Cambodians & Laotians, among others.
The new rule won’t apply to surviving spouses, children, and parents of U.S. armed forces members who died during active service, among others.
Which public benefits are likely to be considered?
USCIS officers may now consider not only federal benefits (such as cash assistance and government-funded long-term institutionalization), but also state, tribal, and local “means-tested benefits”—local government programs where eligibility is based on an applicant’s income and/or assets.
“The possible universe of benefits is vast,” Shafiqullah said.
City Limits asked USCIS for a breakdown of New York City means-tested benefits that will qualify for the public charge test, but the office didn’t specify. Krieger explained there is no official, exhaustive list in the rule, and the agency has explicitly refused to publish one.
“DHS does not believe that codifying a definition of means-tested public benefits is necessary as that term is generally understood to refer to a government program or benefit where eligibility is based on an individual’s or family’s income and/or assets falling below a specific threshold,” the text of the new rule reads.
Attorneys who spoke with City Limits provided examples of what might be covered by the new rule, though they warned that we won’t know for sure until USCIS issues more details in the future. Some possible benefits include health programs (Medicaid, the Children’s Health Insurance Program, and NYC Care), nutrition programs (Supplemental Nutrition Assistance Program or food stamps, and the Special Supplemental Nutrition Program for Women, Infants, and Children).
Other benefits in consideration are housing assistance (such as Section 8 Housing Choice Vouchers and public housing), tax credits, child care (including child development, child education programs like Head Start, and Early Intervention services), and government-funded guaranteed basic income cash assistance.
Lawyers and USCIS itself insisted that the “public charge” category is just one of several factors taken into consideration.
“Officers will have discretion to consider the relevance of any means-tested public benefits in the totality of the circumstances and appropriately determine its impact on the likelihood that an alien will become a public charge,” reads the rule.
USCIS added that it will publish a revised residency application form, known as Form I-485, and that older versions of the form will not be accepted after Sept. 18.
Misconceptions are already circulating
The biggest misconception—and one that has spread rapidly—is that the rule applies to all immigrants when, in fact, it only applies to a small group of legal immigrants who are in the final stage of obtaining a green card.
That confusion could prompt people to needlessly give up benefits they rely on, advocates warned.
“We see a lot more people who are already affected by the chilling effect of the rule, who are almost certainly never going to be affected by it,” said Mario Bruzzone, vice president of policy at the New York Immigration Coalition.
“This is the chilling effect,” noted Shafiqullah, “and it is deliberate.”
Arline Cruz, Make the Road New York’s lead enrollment specialist, explained that another misconception is that the rule change is already in effect, when in fact it will only apply to those who apply for a green card from Sept. 18 on.
“People think that it’s anyone who’s applying for any immigration relief or status should immediately cancel benefits… and that’s not true,” Cruz noted.
What to do if you plan to apply for a green card after Sept. 18, and think the new rule will apply to you?
Get individualized legal advice, attorneys urged. Krieger recommends talking to an immigration attorney or accredited representative, and, where possible, a benefits attorney as well.
The Mayor’s Office for Immigrant Affairs runs a support hotline to help connect those eligible with free legal services. Find more information here.
So understand your case, but don’t make rash decisions, Krieger said—in short, don’t dis-enroll in a panic.
Key areas that are still unclear
There is no clear or complete list of benefits that will be treated as “means‑tested public benefits,” Krieger noted, and we also don’t know how much weight each of the various benefits will carry in the equation.
“There’s no clarity [on whether] there’s any other guidance that officers are going to get in decision making,” Krieger added.
In the past, family members’ benefits generally would not be counted in a person’s public charge determination. The new rule will allow officials to look at the benefits someone’s dependents use as evidence of the applicant’s financial situation, but it’s unclear how heavily this will factor into a final decision, Cruz said.
If I am determined to become a public charge, what could happen to me?
It depends on the circumstances of a specific person’s case, according to USCIS Spokesman Kahler said.
“If an applicant is found inadmissible on public charge grounds, available options depend on the case and immigration category, and may include responses, review, or other options allowed by law,” he added. “People should review current USCIS guidance for information about their own situation.”
While the new rule is expected to take effect Sept. 18, that date could change if legal challenges delay or block it, MOIA notes, so stay tuned for possible updates before then.
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