Many immigrant families are once again wondering whether using Medicaid, SNAP, or other public benefits could affect future immigration proceedings. This concern arises after the federal government announced on July 16 a new rule regarding the so-called “public charge,” which will take effect on September 18, 2026.
The news has sparked concern, especially among those who rely on these programs to receive medical care, buy food, or support their families. However, immigration attorneys and organizations that protect immigrants’ rights advise against making hasty decisions or giving up necessary benefits without first determining whether the rule actually applies to their case.
The new regulation, issued by the Department of Homeland Security (DHS), replaces the rule that had been in effect since 2022 and changes the way immigration officers will evaluate certain applications for permanent residence.
That does not mean, however, that receiving public benefits is automatic grounds for your Green Card to be denied. Both the text of the regulation and immigration law experts agree that officials must continue to evaluate each case individually, taking into account the totality of each applicant’s circumstances and not solely whether they receive any public assistance.
Who Is Subject to the Public Charge Rule
Not all immigrants are subject to the public charge rule. In most cases, this assessment is only part of the process for certain individuals applying for permanent residence (a green card), such as those filing a petition based on a family member or employment.
According to organizations specializing in immigration law, renewing a green card does not require undergoing the public charge test again. For those who already have a green card, this assessment may only arise in specific situations, such as when they remain outside the United States for more than 180 days and then attempt to return to the country.
Who Is Exempt from This Rule
This rule does not apply to individuals applying for permanent residence based on their status as refugees, asylum seekers, survivors of domestic violence, human trafficking, or certain crimes (under programs such as VAWA, T and U visas, etc.), as well as to young people with Special Immigrant Juvenile (SIJ) status and other humanitarian categories. Nor does it apply to those who are renewing these types of immigration statuses.
The public charge rule also does not apply to initial applications or renewals for DACA, Temporary Protected Status (TPS), parole, or U.S. citizenship.
If a person is unsure whether this rule applies to their case, experts recommend seeking legal guidance before making decisions about using public benefits.
What has changed with the new regulation?
The concept of a public charge has existed in immigration law for many years. What changed was the regulation explaining how officials should apply it.
The 2022 regulation described more clearly what criteria officials should use. The new regulation removes some of that guidance and gives greater discretion to those reviewing applications.
According to the Immigrant Legal Resource Center (ILRC), the government has yet to issue more detailed instructions on how the rule will be applied. This means that some aspects are still not fully defined.
Does Receiving Public Benefits Jeopardize Residency?
The answer, for now, is that there is no rule stating that receiving Medicaid, SNAP, or other benefits automatically results in the denial of a residency application.
The new regulation also does not include a specific list of programs that will be considered during the evaluation. Instead, it states that each case must be analyzed on a case-by-case basis, taking into account factors such as the applicant’s age, health, financial situation, education, job skills, and family circumstances.
So far, organizations such as the ILRC note that public health programs, vaccinations, and other community services are not part of the evaluation under the current 2022 rule. However, they caution that USCIS has yet to publish new instructions defining how it will apply the new rule once it takes effect.
Experts Recommend Not Giving Up Benefits Out of Fear
Since the new regulation was announced, organizations that provide advice to immigrants have insisted that no one should stop using public benefits without first speaking with an immigration attorney or an accredited legal provider.
According to these organizations, canceling health insurance, food assistance, or a housing subsidy can directly affect a family and will not necessarily change the outcome of a future immigration proceeding.
The ILRC also recommends that those planning to apply for permanent residency in the coming months seek individual advice, as each case is different and the public charge test does not apply equally to everyone.
Remember that so-called “notaries,” consultants, or document preparers who offer immigration advice are not authorized to do so.
Where can you find reliable information or legal help?
- Consult with an experienced attorney before making any decisions about your case. You can check out our Practical Guide to Finding Reliable Immigration Attorneys
- Check out the latest updates and resources from the ILRC: What You Need to Know Now About Public Charge.
Editor’s note: This article is not intended to provide legal advice. It is recommended that you seek legal advice from a legal professional who can review your case on an individual basis.
This article was originally written in Spanish and translated into English.
