Trump Administration Revives Public Charge Rule for Green Cards

The Trump administration is reviving a stricter public charge immigration policy, rescinding a 2022 Biden-era regulation to allow the government to deny green cards to immigrants who utilize public benefits. The final rule appeared in the Federal Register on July 16, 2026, and is scheduled for formal publication on July 20, with an effective date of September 18, 2026.

Under the new framework, U.S. Citizenship and Immigration Services (USCIS) officers have broader discretion to conduct case-by-case reviews of an applicant's health, age, assets, education, and financial resources. Officers may consider the use of means-tested taxpayer-funded benefits, including Medicaid, food stamps (SNAP), and housing assistance, to determine if an applicant is likely to become a public burden. The policy applies to family-based and employment-based adjustment-of-status applicants but exempts refugees, asylees, and humanitarian applicants.

To implement these changes, USCIS will issue a revised Form I-485; applications using older versions will not be accepted after September 18. The Department of Homeland Security estimates that roughly 588,000 applicants per year will be subject to these reviews and warns that a chilling effect could lead 950,000 people in immigrant households to forgo legal benefits.

Government officials state the rule restores the principle of immigrant self-reliance and protects taxpayers. Conversely, immigrant rights advocates describe the policy as a wealth test and a direct assault on families. Critics argue the regulation violates the law and may deter eligible individuals, including U.S. citizens in mixed-status families, from accessing essential healthcare and food services.