Trump Administration Revives Stricter Public Charge Rule for Green Cards

The Trump administration is reviving and expanding the public charge rule for green card applicants, effective September 18, 2026. The policy rescinds a 2022 Biden-era regulation that had limited the types of public benefits immigration officers could consider. Under the new rule, U.S. Citizenship and Immigration Services (USCIS) officers are granted broader discretion to conduct case-by-case reviews based on the totality of an applicant's circumstances, including age, health, assets, education, and employment history.

Immigration officials may now consider a wide array of means-tested taxpayer-funded benefits, such as Medicaid, food stamps (SNAP), housing assistance, and college financial aid, when determining if an applicant is likely to become a public charge. While receiving benefits does not trigger an automatic denial, applicants found inadmissible solely on public charge grounds may be permitted to post a cash or surety bond as a financial guarantee. The rule applies to Form I-485 applications submitted on or after the effective date, though refugees, asylees, and certain humanitarian applicants remain exempt.

Government officials state the move restores the principle of immigrant self-reliance and protects public resources. However, the Department of Homeland Security estimates that 950,000 people in immigrant households may forgo entitled benefits to avoid jeopardizing their status. Immigrant rights advocates have condemned the policy as a wealth test that targets non-wealthy immigrants and creates fear within mixed-status families. The policy is expected to create significant hurdles for family- and employment-based applicants, including a large number of Indian nationals.