Trump’s “Public Charge” Rule Takes Effect Today—What Immigrant New Yorkers Need to Know

News24USA.Com Desk, New York, September 18, 2026 —A new federal rule governing “public charge” – a test used in certain immigration decisions, such as applying for a green card – takes effect September 18, 2026. Public charge rules are used to determine whether a person is likely to become primarily dependent on the government for support. The new rule gives immigration officers broad new power to deny green cards to applicants who’ve used certain public benefits like SNAP, Medicaid, housing assistance, or received post-secondary education financial aid after this date. For the first time, a family member’s use of these programs that they are entitled to – including a U.S. citizen child’s use of public benefits–can count in a parent’s public charge assessment, potentially negatively impacting their green card application. The facts below lay out what’s changing, who’s affected, and who’s exempt:

FACT: A new public charge rule takes effect Sept. 18, 2026, for people applying for green cards.
It replaces the standard used by immigration officers since 2022, which only counted cash assistance and government-funded long-term institutional care against a Green Card applicant.
The rule applies to people applying for green cards. It can also apply to green card holders who leave the country for more than 180 days and then try to re-enter.
It does not apply to someone renewing a green card or submitting other immigration applications, such as applications for citizenship.
FACT: The public charge test does not apply to everyone applying for green cards. It does NOT apply to:
Asylees and refugees.
Survivors of domestic violence, trafficking, or serious crimes (VAWA, T visa, or U visa holders).
Children and young adults with Special Immigrant Juvenile (SIJ) classification.
Anyone simply renewing an existing green card.
U.S. citizens are never subject to public charge review.
A full list of exempt groups, as well as those subject to the Public Charge Rule, is available here.
FACT: Immigration officers now have wide discretion over which benefits count toward the public charge test.
The old rule named two specific categories as conditions for public charge: cash assistance and long-term institutional care (i.e., nursing home care if paid for by Medicaid). The new rule sets no fixed list at all.
Instead, officers will use individual discretion to weigh “any means-tested public benefit” as part of a “totality of circumstances” review, on a case-by-case basis.
Means-tested public benefits are those based on income or assets falling below a certain threshold and provided by a government agency or with government funds (i.e., Medicaid and SNAP).
Under the new guidance, even State and Local government-funded benefits could be considered if they are means-tested
In practice, applicants with identical benefit histories could get opposite outcomes on their green card applications simply because different officers reviewed their files.
FACT: A U.S. citizen child’s use of benefits can now be considered in a parent’s application.
If a dependent, such as a U.S. citizen child, receives a benefit like SNAP or Medicaid, immigration officers can factor that into the parent’s own green card application.
Officers can also weigh the applicant’s economic circumstances during the period the dependent was receiving that benefit.
FACT: The rule likely covers use of a broad range of everyday programs, even though the Trump administration has yet to issue a formal list. The rule likely covers use of these programs:
Nutrition: SNAP, WIC, TEFAP, CACFP, and the Food Distribution Program on Indian Reservations.
Health: Medicaid, CHIP, ACA marketplace coverage, and home and community-based services.
Housing: Section 8 and the Home Energy Assistance Program (HEAP).
Education: Financial Aid for post-secondary education.
Tax credits: Child Tax Credit and Earned Income Tax Credit.
FACT: You May Still Be Eligible for Public Benefits
Immigrants and their families should apply for benefits they are eligible for while taking the new public charge rule into account. Public benefit eligibility is separate from the public charge test. Consider consulting the resources shared below and an immigration legal services provider about your circumstances.

FACT: Public Charge Does Not Automatically Mean You Can’t Get a Green Card
Do not avoid applying for a green card simply because you or a family member receives benefits. Even if an applicant is determined to be a “public charge,” that does not automatically result in a denial of the green card application. Many immigrants are exempt from the public charge test. Consider consulting the resources shared below and an immigration attorney or qualified legal services provider.
FACT: Resources are available from NYC and NYS for individuals who have questions and need support.
The New York City Mayor’s Office of Immigrant Affairs’ Immigration Legal Support Hotline at (800) 354-0365.
The New York State Office for New Americans Hotline for legal assistance in your area at (800) 566-7636.
You can also call 311 and say “Immigration Legal” to get connected to free, safe and confidential immigration legal assistance in your preferred language.
A more detailed explanation of what the new public charge rule means for immigrant New Yorkers can be found here. Press Release