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Understand Public Benefits

More than ever, immigrants are forgoing benefits for fear of discovery or retaliation. What services can immigrants safely access?

NEW CHANGES TO PUBLIC CHARGE

Effective September 18, 2026. Updated September 2026 by the PIF Coalition

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Because these rules are complicated, it is a good idea to talk to a lawyer before you leave the country or apply for a green card.

This new public charge policy removes important protections for green card applicants.

  • The new policy takes away the clear rules that the Biden administration established for deciding whether someone could become a “public charge,” and allows DHS officials to deny green cards based on the use of any “means-tested” or income-based program.

  • It also allows them to deny green cards based on personal traits they don’t like, like being overweight, or having diabetes.

  • It even allows them to consider whether a dependent family member has used health or social services.

  • This new policy will bring bias and discrimination into applications for permanent residency.

This change doesn’t matter for many people in immigrant families.

  • The “Public Charge Test” only applies to people applying for a family-based green card, a visa to enter the US, or to green card holders who leave the country for more than 180 days.

    • “The public charge test” is part of this review by government officials - to see if an immigrant is likely to primarily depend on the government for support in the future. The public charge test is not part of all immigration applications.

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  • Know Your Rights! Public Charge does NOT apply to you if: 

    • you’re a U.S. citizen; you already have your green card / permanent residency; you’re applying for or already have received TPS, U or T Visa, Asylum or Refugee status, or Special Immigrant Juvenile Status; you currently have no pathway to obtain a green card; or you do not plan to apply for a green card in the future.​​

WHAT IS IN THE NEW RULE?

Will my use of benefits like health care or food assistance hurt my green card application? Which benefits programs?

  • The new policy allows immigration officials to look at many factors, including any benefits use that is based on having a low income, when making a public charge determination. The rule does not name any specific programs and allows officials to use their own judgment.

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What about programs I used in the past? How far back can they look?

  • The new policy allows officials to count past use of cash benefits or long-term institutionalization at government expense in a current public charge determination, but not other benefits used before September 18, 2026.

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What about my kids using benefits?

  • The new policy allows officials to consider a dependent’s use of benefits in a public charge determination. Officials can also consider the applicant’s economic conditions during the time their dependent used benefits. 

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Should I quit using benefits programs now?

  • If you are considering applying for a green card, the new policy allows immigration officials to consider any income-based public benefits programs you are using, as of September 18, 2026. Only you can decide what’s best for your family.

 

What if I have a sponsor?

  • The policy says that your sponsor is still required to submit an affidavit of support. DHS may take it into account in the public charge determination.

 

I have already completed a green card application. Does the new policy apply to me?

  • This policy will only apply to applications submitted and postmarked after September 18, 2026.

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This resource intended for community education purposes only and should not be considered legal advice. Updated September 16, 2026. We have condensed the most relevant information for your convenience, but other questions may have answers on PIF. View full FAQ here.

Confirmed Rulings

Which immigration categories are exempt from the public charge test when applying to adjust status (for a green card)? Do these exemptions survive status changes (e.g., adjusting via marriage, losing TPS, traveling abroad)?

Does the new public charge rule apply to green card renewals, naturalization, consular processing, and people with pending applications for adjustment of status — or only new LPR applications filed inside the U.S.?

  • Public charge applies to initial green card applications submitted on/after 9/18/26 (family- and certain employment-based categories).

  • It does NOT apply to green card renewals, naturalization/citizenship applications, or removing conditions on a green card (I-751) — except that an LPR who leaves the U.S. for 180+ days could be considered “seeking admission” upon reentry and may be subject to a public charge determination by CBP.

  • It does NOT apply to applicants for DACA/TPS or to DACA/TPS renewals.

  • For applicants outside the U.S., State Department (DOS) consular processing rules apply, not USCIS rules;

  • The rule does not address public charge grounds of deportability — using benefits you're legally eligible for is not, on its own, a ground for deportation.

Does the rule apply retroactively to benefits received before the effective date (9/18/26), or only to benefit use going forward?

  • For green card applications submitted before 9/18/26, cash and long term institutionalization may be considered and one part of the totality of circumstances.

  • For green card applications submitted after 9/18/26, please refer to the chart below on how benefit use may be considered.

Cash assistance (such as TANF, SSI and General Assistance) and long term institutionalization paid for by the government

Benefits (other than cash assistance and government-funded long term institutionalization) used before 9/18/26

Benefits (other than cash assistance and government-funded long term institutionalization) used on or after 9/18/26

​​Green Card Applications Submitted Before 9/18/26

May be considered as one part of totality of circumstances

Not considered

Not considered

​​Green Card Applications Submitted After 9/18/26

May be considered as one part of totality of circumstances

Not considered

May be considered as one part of totality of circumstances

What programs will count in a public charge determination?

  • One of the most frustrating parts of the final rule is that it does not provide a list of public benefits that immigration officers can/cannot consider when making a public charge determination.

  • ​The preamble discussed various benefits officers may or may not consider. We can’t rely on preamble language that is not legally binding to develop a comprehensive list of the benefits they may consider. The preamble states that benefits will be considered as part of a “totality of circumstances” test, and that receipt of a means-tested benefit is not determinative, meaning that it does not automatically mean that an applicant will be considered a public charge.

  • The preamble and the guidance both state that any public benefit funded by the government for which eligibility is means-tested can be considered. Use of universal benefits and “earned” benefits will not be considered.

Does a family member’s use of benefits count in a public charge determination?

  • The Biden rule specifically excluded benefits received by other family members, even if the applicant applied for them on the family member’s behalf. The Trump final rule removes this clear policy. The preamble includes confusing language that suggests that if a family member for whom the applicant is legally responsible for supporting receives benefits, this could be considered as part of the assessment of the applicant’s income and resources.

  • The preamble and guidance say that while the receipt of benefits by family members will not be directly considered as received by the applicant, if there is evidence that family members whom the applicant is legally obligated to support have applied for, been approved for, or received means-tested public benefits, this could be considered as evidence of the applicant’s income and resources.

Does SNAP, WIC, or free/reduced school meal usage — including when used only on behalf of an eligible citizen/LPR child — count against a non-eligible parent applicant?

Likely Included

  • SNAP is discussed in the preamble and likely would be considered. The preamble includes it in the seven programs DHS actually modeled in its transfer-payment analysis (Table IV.12).

    • If an undocumented parent applies for SNAP on behalf of an eligible LPR/citizen child while opting themselves out, that use could still be cited as evidence of the parent's economic situation if the parent later applies for a green card through a family member.

  • WIC is discussed in the preamble and likely could be considered.

Possibly Included

  • Free/reduced-price school lunch could also now be considered, since means-tested programs are not categorically excluded under the new rule. The preamble says that universal programs will not be considered, suggesting that school meals available to all students in a school (through community eligibility or statewide programs) should not be considered. One of the examples in the guidance similarly suggests that receipt of free meals through community eligibility should not be considered.

Are purely state-funded benefit programs — including those created specifically for immigrants ineligible for federal aid — covered under the new rule?

  • Any government-funded means tested benefits, including federal, state, local and tribal programs, can be considered.  Previously non-federal programs only counted for cash assistance.

Does state-subsidized child care assistance (e.g., CalWORKs child care) count as a public benefit?

Likely Included

  • The preamble says that when the Biden rule is rescinded, DHS can consider participation in means-tested child care and child education funded by the government.

  • State-funded programs could be considered, as mentioned in the state-funded question above

Does rental assistance — federally funded, state-funded, or privately/community funded — count as a public benefit?

Likely Included

  • Federal Rental Assistance is likely to be considered. The preamble includes it in the seven programs DHS actually modeled in its transfer-payment analysis (Table IV.12).The guidance lists “public and assisted housing” as an example of what could count as a means-tested public benefit

  • State-funded programs could be considered, as mentioned in the state-funded question above.

Possibly Included

  • Privately funded community assistance is not a “public benefit” and so should not be considered.

Do Head Start, higher-ed scholarships, FAFSA aid, or special education services count as considered public benefits?

​Likely Included

  • The guidance lists “financial aid for postsecondary education” as an example of what could count as a means-tested public benefit.

Possibly Included

  • The preamble says that when the Biden rule is rescinded, DHS can consider participation in means-tested child care and child education (including Head Start) funded by the government.

Partially Addressed

Which healthcare programs — emergency Medicaid, non-means-tested Medicaid, FQHC sliding-scale care, Ryan White/ADAP, SSI, county coverage — count as public benefits under the new rule, and does a child's or family member's use count against the applicant?

  • The rule removes prior restrictions on which programs may be weighed, so it is hard to say clearly that any given program will not be considered.

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Likely Included

  • Medicaid is used as a central example of a program that would be considered.

  • Emergency Medicaid is specifically named in the preamble as a program that could be considered, and would count if means-tested.

  • Similarly, the preamble says that federally, state- and local-funded programs can be considered.

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Possibly Included​

  • The preamble discussion of FQHCs is confusing, as it acknowledges that not all FQHC services are means-tested, but provides no guidance on how immigration officers will take this into account.

  • ACA premium tax credits could be included as DHS declined to exempt them.

  • A child's Medicaid receipt could possibly be counted against a parent-applicant's 'income and resources' assessment, since the rule removed the Biden-era bar on counting benefits received by dependents..

  • Non-means-tested secondary Medicaid for children with disabilities should not be considered, but is not directly addressed in the preamble or guidance.

Not Addressed

Does this rule address sponsor reimbursement obligations or affidavit-of-support 'deeming' for benefits received?

  • No — this rule does not address sponsor deeming or reimbursement; however, DHS has indicated it plans to issue a separate rule on that topic, which we expect will have a public comment period.

  • If a sponsor does reimburse an agency for benefits received, we suggest including that documentation with the green card application.

Does receiving financial assistance from a hospital or health system count? Could receiving free dental, vision, laboratory, behavioral health, or specialty services have any impact?

  • The rule removes prior restrictions on which programs may be weighed, so it is hard to say clearly that any given program will not be considered. These were not specifically discussed in the final rule nor the guidance. Financial assistance from private non-governmental entities should not be considered, but it is possible that means-tested financial assistance or services from a hospital that is part of a state or local government could be considered. The preamble and the guidance both state that any public benefit funded by the government for which eligibility is means-tested can be considered.

Does use of means-tested, publicly funded immigration legal services count as a public benefit?

  • This was not addressed in the final rule.

Does foster care placement count as benefit receipt?

  • Foster care placement is not directly tied to income, so it should not be considered a means-tested public benefit. But the preamble does not directly discuss foster care.

For additional information about free and low-cost healthcare, as well as resource links to food and hygiene banks, please visit our "For Families & Patients" page.

2022 Rule

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Public Charge:

 

The evolving policies around Public Charge rules continue to create confusion and fear, particularly for low-income immigrants seeking to enter the U.S. or obtain a green card.

 

While changes to these rules have been proposed in the past, it is critical for providers to stay informed about what is and is not true. The policy landscape remains fluid, so regularly consult trusted sources like Protecting Immigrant Families  and All In For Health for updates and guidance.

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Families and providers can check out the "Keep Your Benefits" website for state specific guidance related to public charge. There are no questions about name or address or other personal details. The site allows you to explore public charge implications of different scenarios and is available in English, Spanish and Mandarin Chinese.

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Information Sharing:

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On June 10, 2025, the Centers for Medicare and Medicaid Services (CMS)—an agency of the U.S. Department of Health and Human Services (HHS)—shared personal information of people
enrolled in Medi-Cal with the U.S. Department of Homeland Security (DHS). 


The information shared includes the personal information of all Medi-Cal members: citizens,
immigrants with satisfactory immigration status, immigrants with unsatisfactory status, and people who have accessed only emergency services through Medi-Cal.

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This resource from NILC and Protecting Immigrant Families has more details on where things stand currently. 

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This resource from the state of CA is an active link that will be regularly updated.

 

These explainers from Health4All in English & Spanish have more details on information sharing and the implications for immigrant families.

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What We Know

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1) The Biden administration’s public charge regulations are still in effect. See the PIF site for details.

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2) Immigrants should never misrepresent information on applications.​

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3) It is still not clear what will happen with DACA.  It is recommended that anyone considering submitting a DACA application should first talk to an immigration attorney or a Board of Immigration Appeals-accredited representative. Find more resources on DACA at the bottom of page "Legal" under "For Families & Patients."

Health Insurance

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1) As of now, ACA stands true, and anyone eligible should apply.

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2) A growing number of states, including California, are using their own resources to provide Medicaid to their residents regardless of immigration status. More information on CA coverage for adults regardless of documentation status is available here.  All in for Health also has a helpful one pager for Californians in multiple languages here.

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3) Immigrants should apply for health coverage through the ACA marketplace.  If they are undocumented and applying for someone in their household, they should not provide any information about their immigration status and instead say “I am not applying for health insurance for myself.”

Public Benefits

Benefits.gov

Benefits Finder in English & Spanish → 

Online benefits finder. Undocumented immigrants are not eligible for most federal benefits, but many states provide some benefits that do not require documentation status. This site can be searched by state, benefit type, or families can enter their information for a personalized list. It is ideal if families in need of assistance can beet with a social worker or other specialized provider to help them navigate the system. Since this is a government site, patients should be cautious about entering too much personal information.

CA Department of Health & Human Services

Public Charge Guide (available in 21 languages) → 

The CalHHS Public Charge Guide provides current information regarding federal changes to “public charge” determinations and the use of public benefits.

DHCS: Medi-Cal

Immigration Status and Changes to Medical-Cal Eligibility (STARTING JAN 2026) → 

ImmHelp

Health Care Access for Immigrant Youth and Families in California (for non-medical providers)​​ → 

Tip sheet offering practical knowledge to attorneys serving immigrant youth and families who are in need of connecting to medical and behavioral health care.

Mass Legal Services

Immigrants & Public Benefits: Basic Benefits Training Resources (Feb 2026) → 

Mostly Massachusetts focused, but some broader information as well. 

National Immigration Law Center (NILC)

California Major Benefits Programs Available to Immigrants (Feb 2026) → 

Cal Benefits Table, Feb 2026 → 

National Immigration Law Center (NILC)

Public Charge → 

Webpage with articles reviewing the concept of "Public Charge," and how that relates to immigration. While some of the materials are older, the definitions still apply.

San Francisco Human Services Agency

Post-Election San Francisco Public Benefits FAQ (CHN, ENG, SPA updated May 2025)

Chinese I English I Spanish | Tagalog | Russian | Vietnamese

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