Trump Administration Expands Public Charge Rule, Putting the Health and Stability of Immigrant Families at Risk
New rule broadens grounds for Green Card disqualification.
New York, NY — On July 20, 2026, the federal government published a final ruling in the Federal Register that replaces the current public charge rule that has been in effect since 2022. The rule is used by USCIS to determine whether certain immigrants can enter the United States or obtain a green card based on whether they are considered likely to depend on government assistance, namely 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. It broadens grounds for disqualification, including an applicant’s, and in some cases their family members’, use of a range of health and social service programs including food stamps, housing vouchers, Children’s Health Insurance Program (CHIP) and Medicaid. 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.”
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. The policy is expected to create a broad “chilling effect” and lead to decreased participation in public benefit programs among Asian immigrant families, including those with citizen children. Approximately 9 in 10 Asian children in NYC live in homes with at least one foreign-born Asian adult. During the Trump administration’s first attempt at undoing the public charge rule in 2019, Asian non-citizens dis-enrolled from SNAP benefits at a rate eight times greater than Asian citizen recipients.
“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.” — Catherine Chen, Chief Executive Officer of Asian American Federation.
“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.” — 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.” — 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.” — Myungmi Kim, President & CEO, Korean Community Services.
“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.” — Sudha Acharya, Executive Director of South Asian Council for Social Services.