The US Department of Homeland Security approved a new immigration rule on July 16, 2026. The rule reinterprets the 'public charge' provision of the 1882 Immigration Act, granting immigration officers the authority to consider the applicant's and their relatives' history of using government benefits when assessing green card applications.
According to an analysis in The Conversation, the regulation, which takes effect on September 18, opens the door for immigration officers to factor in all government programs an applicant has used when evaluating permanent residency status. The benefits received by the applicant's relatives can also be included in the financial assessment; this approach was not applied before.
History of the rule: From Clinton to Biden
The public charge provision, in place since 1882, aims to prevent immigrants who may become dependent on government assistance from obtaining permanent status. However, the concept lacked a clear definition for a long time. The Clinton administration, in a 1999 regulation, defined public charge as an immigrant who is primarily dependent on the government for subsistence and limited the evaluation to only three programs: TANF, SSI, and long-term care Medicaid.
During Trump's first term, in 2019, the policy was expanded to include programs such as Medicaid, food assistance (SNAP), and housing support. The rule faced court challenges, and the Biden administration stopped defending it in 2021, reverting to the Clinton-era standards in 2022.
What changes does the new regulation bring?
The new rule under the second Trump administration removes all limits on immigration officers' authority. Officers can now consider any government program the applicant has used as grounds for denial. Additionally, the use of programs such as Medicaid by the applicant's relatives—for instance, their US citizen children—could be seen as an indication of the parent's financial instability.
Although some categories, such as refugees, are exempt from the new rule, it is expected to force many immigrants to choose between accessing healthcare and pursuing immigration applications. According to Migration Policy Institute data, the green card denial rate based on public charge grounds remained below 1 percent during Trump's first term; however, the main impact of the policy change was deterring eligible immigrants from using these services.
Potential health impacts
It is noted that roughly one in seven immigrants does not apply for government benefits despite being eligible. Experts say the expanded rule could strengthen this trend, posing serious public health risks particularly in prenatal care, child health, and nutrition assistance. Mixed-status families, home to approximately 6 million children including US citizen children, are also expected to be affected.
The new policy is likely to be challenged in court on grounds including that the Department of Homeland Security exceeded its authority, that the rule is arbitrary and unfounded in violation of the Administrative Procedure Act, and that it breaches the equal protection clause of the 14th Amendment. The 2019 public charge rule was also sued on similar arguments.
Those in the immigration application process are advised to make decisions about participating in or withdrawing from government programs after consulting an attorney specializing in public charge issues.
