The Trump Administration has issued a policy that takes away the Biden Administration’s public charge rule, starting on September 18, 2026. This new policy is likely to change the way public charge affects certain immigrant families.
Rules about public benefit programs and immigrants are confusing. But benefits can help your family stay healthy and thrive.
We are currently adjusting the guide to the new policy. Check back here soon for the latest information!
What are Public Benefits and Public Charge?
Not all immigrants face a public charge test. Click to learn which immigrants are affected.
The new public charge policy changes how public benefits are considered in a public charge test for immigration applications filed on or after September 18, 2026. Click here to learn about benefits.
Public Charge Rule
Some immigration applications have a Public Charge test. An immigration officer uses this test to decide if a person is likely to depend financially on the government in the future.
Public Benefit Programs
Public Benefits are help from the government for basic needs like health care, housing, food, or cash. They can be from the federal, state, or local government. Read below to see which Public Benefits count for Public Charge.
Who is affected by the Public Charge Rule?
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It does not apply to:
• U.S. Citizens or people applying for citizenship
• Lawful Permanent residents (Green Card holders) unless the Green Card holder leaves the U.S. for more than 6 months. A Public Charge assessment can apply when they try to return.
• People applying for Green Card renewal or DACA renewal
• People applying for TPS, U or T Visas, Asylum or Refugee Status, Special Immigrant Juvenile Status or VAWA.
• People who have a U or T Visa or VAWA status even if they apply for a Green Card through a family-based petition.
• People applying for a Green Card based on a U or T visa, Special Immigrant Juvenile Status, VAWA or Asylum/Refugee status.
For a complete list, visit the Public Charge page. -
It may apply to:
• Immigrants applying for Lawful Permanent Residence (Green Card) through a family-based petition.
• Lawful Permanent Residents who leave the U.S. for more than 6 months and seek to reenter.
• People seeking to enter the U.S. temporarily as “non-immigrants”
Which Public Benefits are included in the Public Charge Rule?
For immigration applications with a Public Charge test, filed on or after September 18, 2026, the new policy allows immigration officials to look at many factors, including use of any benefits that are based on having a low income, when making a public charge determination. The rule does not name any specific programs and allows officials to use their own judgment.
The new policy allows officials to consider a dependent's use of benefits in a public charge determination. Officials can also consider the applicant’s economic conditions during the time their dependent used benefits.
The new policy says it only applies to immigration applications filed on or after September 18, 2026. So, if your application has a Public Charge test and was filed before September 18, 2026, only these benefits obtained for the immigrant should* count:
- Cash Assistance:
- Supplemental Security Income (SSI)
- CalWORKs/Temporary Assistance for Needy Families (TANF)
- CAPI (Cash Assistance Program for Immigrants)
- State or local general relief/ assistance
- Medi-Cal/Medicaid for long-term, institutional medical care, like a nursing home
The old rule does not look at benefits used by family members, including children, who are not applying for a green card.
* It is unclear if officials will actually use the prior rules. If you apply before September 18, 2026, consult an immigration attorney about any other public benefits you are using.
The new policy allows immigration officials to look at the use of any benefits that are based on having a low income as of September 18, 2026.
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The new policy says that the new rules apply to immigration applications filed on or after September 18, 2026. If you submit an immigration application before that date, the prior rules should apply.
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Your rights as a worker are protected.
These benefits are not counted in a Public Charge test:
- Unemployment
- Social Security Retirement/Disability
- Workers' Compensation
- Medicare
Other benefits that are "earned" or not based on showing low-income also do not count:
- Veteran's Benefits
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