Trump Administration Revives Stricter Public Charge Rule for Green Cards

The Trump administration implemented a new public charge rule on September 18, 2026, granting immigration officers broader discretion to deny green cards to applicants likely to become dependent on government assistance. The policy rescinds a 2022 Biden-era regulation that had excluded non-cash benefits from such reviews. Under the current rule, officials may consider a wide array of means-tested public benefits, including Medicaid, food stamps (SNAP), housing assistance, and college financial aid.

To determine eligibility, U.S. Citizenship and Immigration Services (USCIS) officers now conduct case-by-case reviews of an applicant's totality of circumstances, including age, health, assets, education, and employment history. While the rule does not automatically disqualify applicants, those found inadmissible solely on public charge grounds may be permitted to post a cash or surety bond. The policy applies to family- and employment-based applicants using Form I-485 but exempts refugees, asylees, and certain humanitarian applicants.

The U.S. Department of Homeland Security estimates that 588,000 applicants undergo these reviews annually and warns that 950,000 people in immigrant households may forgo entitled benefits to avoid jeopardizing their status. Immigrant rights advocates have condemned the rule as a wealth test that targets non-wealthy immigrants.

In response, a coalition of 22 states, the District of Columbia, and several cities—including New York, Chicago, San Francisco, and Seattle—filed lawsuits in the Southern District of New York to block the policy. Judge Ronnie Abrams has scheduled an initial conference for the states' lawsuit on October 9.