The Trump administration is reviving the "public charge" rule, restoring a policy that could deny green cards to some immigrants who use public benefits and expanding the factors immigration officers may consider when evaluating applications for permanent residency.
The rule was published in the Federal Register on Thursday, will be formally published on July 20, and is scheduled to take effect on Sept. 18.
Federal law already requires applicants for lawful permanent residence to show they are unlikely to become a public charge. The new rule revives a broader interpretation first implemented during President Donald Trump's first term, allowing immigration officers to make "individualized, fact-specific" determinations based on the "totality" of an applicant's circumstances rather than relying on a fixed list of benefits.
"The federal government is reaffirming the requirement of self-reliance, protecting public resources and ending policies that encouraged dependency on the backs of hard-working American taxpayers," U.S. Citizenship and Immigration Services said on X. "Under President Trump, USCIS is restoring the basic principle that immigrants must be able to support themselves."
The federal government "is reaffirming the requirement of self-reliance, protecting public resources and ending policies that encouraged dependency on the backs of hard-working American taxpayers.
— USCIS (@USCIS) July 16, 2026
"Under President Trump, USCIS is restoring the basic principle that immigrants…
Although the regulation does not explicitly list programs that could trigger a negative determination, critics say immigrants may avoid benefits such as Medicaid, food assistance and housing support out of fear that doing so could jeopardize their immigration status, as The Associated Press reports.
Manatt Health previously estimated that as many as 26 million people, roughly half of them U.S. citizens living in mixed-status families, could forgo healthcare, food or housing assistance because of concerns about the rule. Adriana Cadena, executive director of the Protecting Immigrant Families Coalition, told the AP that the regulation is "a direct assault on immigrant families," while the National Immigration Law Center said it would discourage immigrants from seeking medical care and other essential services.
Supporters have long argued the measure ensures new immigrants are financially self-sufficient. Opponents have described it as a "wealth test" that disproportionately affects lower-income families.
The policy was first introduced in 2019, took effect in February 2020 after the U.S. Supreme Court allowed it to proceed, and was later upheld by a federal appeals court. Public health experts warned at the time that it could discourage eligible families from accessing healthcare and nutrition programs during the COVID-19 pandemic.
The Biden administration abandoned the policy in 2021, restoring narrower guidance that had been in place for decades.
