The Department of Homeland Security has proposed significant changes to the "public charge" rule that could take effect in 2026, expanding which government benefits are considered when immigrants apply for green cards or change immigration status. Under the proposed rule, use of Medicaid, SNAP (food stamps), and federal housing assistance could be weighed as negative factors in public charge determinations. This has created widespread concern among immigrant families about whether using benefits they are legally entitled to could jeopardize their immigration applications.
This guide explains what the public charge rule is, what the proposed 2026 changes would do, who is affected, and which benefits are safe to use.
What Is the Public Charge Rule?
"Public charge" is a legal concept in U.S. immigration law that has existed since 1882. It refers to a person who is likely to become primarily dependent on the government for support. Immigration officials can deny green card applications or certain visa changes if they determine an applicant is likely to become a public charge.
Current Rule (Before 2026 Changes)
Under the current guidance (the 2022 Biden-era rule), only two types of benefits are considered in public charge determinations:
- Cash assistance for income maintenance (SSI, TANF cash, state/local cash programs)
- Government-funded long-term institutional care
Medicaid, SNAP, housing assistance, and other non-cash benefits are explicitly NOT considered.
Proposed 2026 Rule
The DHS proposed rule would expand the list of benefits considered in public charge determinations to include:
| Benefit | Currently Counted? | Counted Under Proposed Rule? |
|---|---|---|
| SSI | Yes | Yes |
| TANF cash assistance | Yes | Yes |
| Government-funded institutional care | Yes | Yes |
| Medicaid (most forms) | No | Yes (with exceptions) |
| SNAP (food stamps) | No | Yes |
| Section 8/federal housing assistance | No | Yes |
| ACA marketplace subsidies | No | No |
| CHIP (Children's Health Insurance) | No | No |
| WIC | No | No |
| School lunch programs | No | No |
| Emergency Medicaid | No | No |
Who Is Affected?
People Who May Be Subject to Public Charge
- Immigrants applying for a green card (adjustment of status or consular processing)
- Immigrants applying to extend or change their nonimmigrant visa status
- Some visa applicants at U.S. consulates
People Who Are NOT Subject to Public Charge
The public charge rule does NOT apply to:
- U.S. citizens (including naturalized citizens)
- Lawful permanent residents (green card holders) applying for citizenship
- Refugees and asylees
- VAWA self-petitioners (domestic violence survivors)
- T-visa holders (trafficking victims)
- U-visa holders (crime victims)
- Special Immigrant Juveniles
- Certain parolees (Afghan, Ukrainian humanitarian parolees)
- People applying to renew or extend their current green card
Important: If you already have a green card and are not applying for a new immigration benefit, the public charge rule does not affect you.
Benefits That Are Safe to Use (Not Counted)
Regardless of the proposed changes, the following benefits are NOT expected to be counted in public charge determinations:
- Emergency Medicaid (emergency room care)
- Children's Health Insurance Program (CHIP)
- WIC (Women, Infants, and Children nutrition)
- School meal programs (free/reduced lunch)
- ACA marketplace premium subsidies
- LIHEAP (energy assistance)
- Disaster relief
- COVID-era assistance programs
- Benefits received by your U.S. citizen children (using benefits on behalf of citizen children should not count against the parent)
The "Chilling Effect"
Even when immigrants are legally entitled to benefits, fear of immigration consequences causes many to avoid using them. Research shows that after the 2019 public charge rule proposal, Medicaid enrollment among immigrant families dropped significantly, including among U.S. citizen children who were never subject to the rule. This "chilling effect" can lead to:
- Families going without needed healthcare
- Children losing nutrition assistance
- Families avoiding emergency care
What Should You Do?
1. Understand Your Specific Situation
Not everyone is subject to public charge. Review the list above to determine if it applies to you. If you are a refugee, asylee, or green card holder not seeking a new immigration benefit, the rule does not affect you.
2. Consult an Immigration Attorney
Before making any decisions about disenrolling from benefits, speak with a qualified immigration attorney. Many legal aid organizations offer free consultations. An attorney can assess your individual case and advise you on the risks.
3. Do Not Disenroll From Benefits Prematurely
The proposed rule is not yet final. Even if it becomes final, it would apply only to future immigration applications and would consider the "totality of circumstances," meaning use of benefits is just one factor among many.
4. Know Your Rights
- You have the right to use any benefits you are legally eligible for
- Emergency Medicaid is always available regardless of immigration status
- Benefits used by your U.S. citizen family members should not count against you
- A public charge determination considers many factors, not just benefits use
Other Factors in Public Charge Determinations
The proposed rule would use a "totality of circumstances" test, weighing multiple factors:
| Factor | Positive | Negative |
|---|---|---|
| Age | Working age (18-61) | Very young or elderly |
| Health | Good health, insured | Serious health condition requiring extensive treatment |
| Income/assets | Income above 125% FPL, savings | Income below poverty level |
| Education/skills | College degree, English proficiency | Limited education/skills |
| Affidavit of support | Strong financial sponsor | Weak or no sponsor |
| Benefits use | None or minimal | Extended use of listed benefits |
No single factor is determinative. A person who uses Medicaid but has steady employment, an income above 125% FPL, and a strong sponsor would likely not be considered a public charge.
Check Your Benefits Eligibility
If you are unsure which benefits you qualify for or how they might interact with immigration considerations, use our free benefits screener to see your options. Our screener checks eligibility for 11+ programs and provides clear information about each one.
Frequently Asked Questions
Will using Medicaid affect my green card application?
Under the current rule (as of early 2026), no. Medicaid is not considered in public charge determinations. Under the proposed rule, it may be considered as one factor among many, but the rule is not yet final.
Does the public charge rule apply to refugees?
No. Refugees, asylees, and several other protected categories are exempt from public charge determinations.
Can I use SNAP and still get a green card?
Under current rules, yes. SNAP is not considered. Under the proposed 2026 rule, it could be considered as one factor, but the rule is not yet final and uses a totality-of-circumstances test.
Should I stop using benefits now to prepare?
Do not disenroll from benefits based on fear. Consult an immigration attorney first. Going without healthcare or food assistance can harm your family's wellbeing without meaningfully improving your immigration case.
Do benefits used by my U.S. citizen children count against me?
No. Benefits received by your U.S. citizen children are not counted in the parent's public charge determination.
When would the new public charge rule take effect?
The proposed rule could take effect as early as mid-2026, but it must go through a public comment period and may face legal challenges. The timeline is uncertain.
