Empowering New York’s Asian American Community Since 1989

Asian American Federation Raises Alarm about the Effect of the New Public Charge Rule on Asian New Yorkers

 View transcripts of the recording in English, Bangla, Simplified Chinese, and Korean.

New York, NY — Following the announcement of substantial changes to the new public charge rule by the Trump administration this month, the Asian American Federation (AAF) held a press conference on July 27, 2026, to raise the alarm about the impact of these changes on Asian American immigrants.

The new rule was published to the Federal Register on July 20, 2026 by the U.S. Department of Homeland Security (DHS). The rule rescinds the Biden administration’s 2022 public charge rule and significantly changes how immigration officials may evaluate certain immigrants applying for lawful permanent residence (green cards) or admission into the United States. It states that the use of public benefits, such as non-emergency Medicaid, food stamps, and subsidized housing, can now be weighed against legal immigrants applying for a green card or for visa extension or adjustment. Other factors, including wealth, age, and English proficiency, will now also be used to determine whether a person will become a “public charge.”

Under the new ruling, which, barring legal challenges, will go into effect on September 18, 2026, immigrants who use public benefits including food stamps, non-emergency Medicaid, and other safety net programs could be denied a green card. While the Biden-era rule limited public charge decisions to the use of cash assistance and long-term government-funded institutional care, the new rule removes those limits and allows immigration officers to consider much more information, including the use of a range of health and social services programs such as food stamps, housing vouchers, Children’s Health Insurance Program (CHIP), and Medicaid, not only by the applicant themselves but in some cases by even family members who are citizens.

Moreover, the new rule is vague and unspecific in naming the benefits and programs that could be considered for the “public charge test.” Instead, it restores broader discretion for immigration officers to make “individualized, fact-specific public charge inadmissible determinations, based on a totality of the alien’s circumstances,” increasing the likelihood of immigrants being denied permanent residency or adjustment of status on an officer’s subjective decisions. Guidance explaining which specific means-tested public benefits will count is expected from DHS before the rule takes effect.

In its own final rule, the Department of Homeland Security acknowledged that the policy could cause serious harm by discouraging immigrant families to drop or avoid public benefits, even if they are eligible. DHS estimated that about 950,000 people could choose not to enroll in or could withdraw from public benefits because of the rule. That fear would not only harm families, but also place additional strain on hospitals, clinics, and community organizations that serve them.

At the press conference, speakers from community organizations across New York that are part of the Rapid Immigrant Support and Empowerment (RISE) Network said they expected to see a broad “chilling effect,” reducing participation in public benefit programs. Fear and anxiety over immigration enforcement is already forcing families to pull back from food pantries, SNAP, medical care, and other essential services. Now with the new public charge rule, community organizations expect to see thousands of families disenroll and forgo benefits that help to prevent them from falling into a financial or health crisis. 

Speakers were also joined by the Mayor’s Office of Immigrant Affairs Commissioner Faiza N. Ali.

 

Why the New Public Charge Rule is Expected to Disproportionately Affect Asian New Yorkers

  • Approximately 9 in 10 Asian children in New York live in homes with at least one foreign-born adult. If a parent applies for a green card, their children’s use of public benefits—even if the children are citizens—may negatively impact their application.
    • For example, roughly 18% of non-citizen Asians in NYC live in households where someone receives SNAP benefits. 
  • Asian New Yorkers are the fastest growing racial group in New York, and 1 in 4 Asian New Yorkers are non-citizens, meaning that hundreds of thousands of people who may have otherwise been eligible for permanent residency will be excluded. 
  • More than a third of Asian New Yorkers live in or near poverty. With so many struggling with the cost of living, the new public charge rule will block low-income families from a path to citizenship.
  • In New York City, among foreign-born Asians in the labor force, almost 6% are unemployed. Because the new public charge rule places greater weight on employment and financial stability, people who are temporarily unemployed or between jobs may face additional barriers to obtaining lawful permanent residence.
  • In New York City, 42% of Asian Americans are limited English proficient with even higher rates among non-citizen Asian New Yorkers. A lack of language access makes it difficult for many LEP immigrants to find jobs, access important information and seek services. Limited English skills can also make it difficult to understand complex policy changes such as the new public charge rules and the finer details of how they affect immigration status. Without language support immigrants may become victims of misinformation, misunderstand the rules and avoid services critical to their health and wellbeing, and make wrong decisions for their families out of fear and anxiety. 
  • After the 2019 implementation of the first Trump administration’s public charge rule, Asian non-citizens disenrolled from SNAP benefits at a rate 8 times greater than Asian citizens.

 

Potential Impacts of Fear and Confusion on Asian New Yorkers

  • Healthcare 
    • Fear of losing their immigration status may lead eligible Asian families to delay or disenroll from Medicaid, CHIP and other health programs. This would result in higher rates of untreated illnesses, including among children, greater use of emergency rooms, and higher health care costs that place pressure on hospitals and clinics in immigrant enclaves. 
    • The Department of Homeland Security has acknowledged that with immigrants forgoing preventive healthcare, including vaccinations, they expect to see higher rates of communicable diseases that will affect both immigrants and the larger community as a whole. 

  • Children
    • 36% of Asian children live in or near poverty, many of whom depend on CHIP to see a doctor, get regular check-ups, and fill prescriptions. 
    • According to research from KFF, immigrant parents tend to withdraw even children who are U.S. citizens and not subject to the rule, from health coverage, SNAP, or other benefits out of fear that participation could affect a future green card application, affecting children’s health, development, ability to learn and succeed in school, and long-term well-being.

  • Hunger 
    • Thousands of eligible Asian families who need food assistance are likely to disenroll from food stamps and other benefits. AAF’s member organizations, such as Council of People’s Organization (COPO) and South Asian Council for Social Services (SACCS) report that people are increasingly afraid to even pick up food from food pantries. This new rule will increase hunger, worsen health outcomes, and put increasing strain on Asian families who are already struggling to put food on the table. 

 

The RISE Network is the only coordinated effort connecting Asian-led community organizations with legal service providers to deliver trusted, multilingual support across New York City. There are currently 15 organizations participating in the network, serving 1.5 million Asian New Yorkers in over 12 Asian languages. Since January 2026, RISE partners have assisted over 2,200 people in providing legal referrals, “Know Your Rights” education, and case management services.

AAF and RISE organizations urge community members to seek qualified legal advice before making any decisions about their participation in public benefits. New Yorkers with questions about the public charge rule can receive free and confidential assistance through the New York State Office for New Americans Hotline: 1-800-566-7636. For those with questions about immigration policies or who need immigration legal services, they can contact the City-funded, free, and confidential MOIA Immigration Legal Support Hotline: 800-354-0365. Or they can call 311 and say “Immigration Legal.” 

“The Trump administration is once again creating chaos by using immigration policy to punish working families. This cruel public charge policy will force families to choose between protecting their future in this country and caring for their children today. Asian New Yorkers are especially vulnerable. Nearly two-thirds are immigrants, many families have mixed immigration statuses, and about one in three of us live in or near poverty. Across our network of nearly 70 community organizations, families are already giving up benefits and avoiding services like food pantries out of fear. We have seen this before. Fear drives people away from seeking health care or help with food. The result is greater strain on emergency rooms and community organizations, and less stable communities for all New Yorkers. We urge families to get the facts from trusted legal sources before disenrolling or avoiding benefits that they are legally entitled to receive. No family should have to choose between securing their future and meeting their basic needs,” said Catherine Chen, Chief Executive Officer of Asian American Federation.

“All residents, regardless of immigration status, deserve to access city services without fear,” said Mayor’s Office of Immigrant Affairs Commissioner Faiza N. Ali. “The federal government’s decision to expand the scope of public charge will have far-reaching consequences for both immigrant families across the five boroughs and our City’s economy. When people are afraid to seek medical care, report crimes, or access other essential services, entire communities become less safe. Before deciding not to access services because of concerns about public charge, New Yorkers should contact MOIA’s free and confidential Legal Support Hotline at 1-800-354-0365. As a city, we will continue to stand with our immigrant communities and fight for a future where all New Yorkers can lead lives of safety, opportunity, and dignity.” 

“Restricting green cards to rich immigrants is un-American. America, and especially Homecrest’s home borough of Brooklyn was built by immigrants whose lack of funds did not bar their entry. Expanding the ‘public charge’ analysis to exclude more immigrants is not only cruel but confusing to many members of the Chinese community in South Brooklyn who want to join the path to citizenship,” said Wai Yee Chan, President & CEO of Homecrest Community Services. 

“Fear and confusion surrounding public charge policies can prevent immigrant families from accessing essential services, even when they are eligible. Community-based organizations play a critical role in providing accurate, culturally and linguistically appropriate information so families can make informed decisions based on facts rather than fear,” said Nicole Huang, Executive Director, Parent-Child Relationship Association.

“As a one-stop service organization serving the Asian American and Pacific Islander (AAPI) community in eastern Queens, KCS has seen more and more immigrants hesitate to seek public benefits and social services because they are concerned about how it may affect their immigration status. When people are afraid to seek help, they may delay or go without health care, nutrition assistance, and other essential services. That can have lasting consequences not only for individuals and families, but for the well-being of our entire community. At KCS, our priority is to make sure community members have accurate information and feel comfortable seeking the services they need. We encourage community leaders, service providers, and residents to work together so that no one is left without the support they need,” said Myungmi Kim, President & CEO, Korean Community Services of Metropolitan New York.

“We are very concerned about the impact that the new public charge rule will have on immigrant communities. The new list of public benefits impacted by this rule could include cash assistance, Medicaid, SNAP, housing assistance and more. While we wait for more clarity on the rule – news of the impending policy change has already created fear and anxiety among our clients, many of whom do not speak English. We are concerned that many clients might start disenrolling from vital benefits due to misinformation or fear. SACSS will work with our City and partner organizations to provide accurate, reliable and linguistically appropriate information to our communities,” said Sudha Acharya, Executive Director of South Asian Council for Social Services.

“The new public charge rule not only vilifies Southeast Asian and immigrant communities, but it will prevent immigrant communities from living healthy and stable lives. Anyone searching for a safer country to call home should not be targeted and punished by our political system,” said Socheatta Meng, Executive Director of Mekong NYC. “But this is exactly what this new public charge rule does. By deeming the use of any public benefits as a potential factor to deny someone adjustment of status or entrance into the U.S., many — including many Southeast Asian community members in the Bronx — will instead choose to forgo important support programs. As a result, community members will give up critical sources of income, not have food on the table for their families, risk being homeless, and allow their medical insurance to terminate — all because they need to secure immigration status for themselves and their family members. Mekong NYC condemns this public charge rule, which will lead to more food insecurity, homelessness, and severe health issues in immigrant communities. Our organization is committing to standing with allies and partners to fight this new rule, and to ensure our members have access to critical resources and safety net programs that protect their health and well-being.