Frontline Providers – Join PIF’s Letter Calling on State Attorneys General to Stop Public Charge

By Kayla Blackwell, NLIHS Senior Housing Policy Analyst and Lucas Eisenberg, NLIHC Policy Intern 

The Protecting Immigrant Families Coalition (PIF) released a sign-on letter for individual direct service providers to call on state Attorneys General to join a coalition of 22 States and D.C. litigating against the Department of Homeland Security’s (DHS) final rule on public charge (see Memo, 9/21). The final rule, effective September 18, 2026, affords DHS officers broad discretion in determining which public benefits can be considered in the “public charge” assessment for Lawful Permanent Residence (“green card”) applications. This rule will likely cause a significant chilling effect on immigrant families’ willingness to access major health, nutrition, and other services, causing devastating economic consequences for millions of low-income immigrants. PIF encourages providers to share anonymous or public stories in their work experience about the harm caused by the new public charge rule, using this sign-on form. 

PIF is a coalition of over 800 member organizations advocating to empower, mobilize, and educate immigrant communities on their rights to public benefits. PIF’s work is multisectoral, as campaigns may take place on the ground in the form of public outreach, in government by working with members of Congress, and in public discussion through changing narratives by uplifting immigrants. Read more about PIF’s efforts. 

Background on Public Charge 

The “public charge” inadmissibility test has been a part of federal immigration law for over 140 years. The public charge test considers whether an immigrant will depend on government assistance as their main source of support. The test does not apply to all immigrants but instead applies to people applying for a green card (Lawful Permanent Resident status) through their family members or a visa to come to the United States. Permanent residents seeking citizenship are not subject to the public charge determination. Additionally, humanitarian immigrants seeking permanent residency are exempt. PIF has a “Does this apply to me?” resource for additional background on when public charge applies.   

Under the first Trump administration, DHS finalized a public charge rule in 2019 that considered Supplemental Nutrition Assistance Program (SNAP) and housing assistance program benefits in the public charge test, a departure from how public charge had been historically evaluated. The Biden administration revoked the public charge rule in 2022, replacing it with a rule prohibiting the public charge test from considering SNAP, Medicaid, public housing, and other benefits. See PIF’s “What changed with public charge?” for a side-by-side comparison. 

In November 2025, the Trump administration’s DHS proposed to broaden the public charge evaluation again. DHS issued the final public charge rule in July 2026, replacing the 2022 rule. The new public charge rule gives DHS broad discretion on what benefits to examine. Additionally, DHS is given authority to consider assistance given to citizen members of immigrant households.   

 On September 14, New York Attorney General Letitia James announced that a coalition of 22 states and the District of Columbia filed a federal lawsuit challenging the rule, alongside a separate lawsuit from a coalition of major cities and counties led by New York City Mayor Zohran Mamdani. Litigation against public charge has been previously successful, and the current lawsuit argues the decision made by the government to be “arbitrary and capricious”. 

Take Action: Sign-On to PIF’s Letter and Share Your Story! 

Providers in nursing, case work, enrollment assistance, legal service, benefit navigation, childcare, eldercare, food bank administration, and all other fields who support immigrant families are welcome to sign-on to PIF’s letter. The letter urges state Attorneys General to “join existing litigation, file suit, or otherwise support efforts to prevent or narrow the rule’s harmful effects”. The letter also calls on local agencies to promote clear state guidance on which immigrants are impacted and to use consumer protection authority to ensure bad actors do not take advantage of the confusion created by the rule. 

In addition, PIF is inviting all providers to share their experiences how the public charge rules are affecting their work. Providers may choose to tell their stories anonymously or publicly. These experiences are to be told in a personal, individual capacity, and providers may opt for future advocacy and training opportunities. Those who sign-on and share a story are encouraged to share the page with colleagues, friends, and family. 

Join PIF’s Provider Sign-on Letter.  

Access PIF’s toolkit and resources. 

Read the final rule. 

Learn more about the history of public charge through Chapter 6 of NLIHC’s 2026 Advocates’ Guide.