Public Charge Final Rule Released; Protecting Immigrant Families Coalition Releases Resources

By Sarita Kelkar, NLIHC Policy Intern

On July 16, the U.S. Department of Homeland Security (DHS) released a final "public charge" rule rescinding the 2022 regulatory provisions, effective September 18, 2026. Confusion around public charge is expected to significantly restrict access to essential resources for millions of low-income immigrants and their children during a time when our nation is already navigating increased housing, healthcare, and food insecurity. NLIHC has released a public charge digital toolkit to update advocates with resources related to public charge and its impacts on housing, including resources from the Protecting Immigrant Families Coalition (PIF) such as community talking points (available in English and Spanish); a community-facing fact sheet, “Does this apply to me?” in 9 languages; a template training presentation; a guide comparing the 2026 final rule to the 2022 rule and more.  

Background on Public Charge 

DHS has used the “public charge” test to determine admission into the United States or approval for a green card for over a century. The public charge inadmissibility test can negatively impact a person’s admission and application for a Lawful Permanent Residence or “green card” or a visa. Many immigrants are exempt from public charge by laws that cannot be changed by regulations. 

Under the current public charge rule, implemented during the Biden administration in 2022, usage of several health and social services is NOT considered in a public charge determination: Medicaid, Supplemental Nutrition Assistance Program (SNAP), and housing assistance programs such as public housing, Housing Choice Vouchers, and Project-Based Rental Assistance (PBRA).    

As of September 18, 2026, the 2026 final public charge rule will allow DHS officials to consider public benefits when reviewing a green card application, and the 2022 public charge rule will no longer be in effect. It is not clear which benefits programs, or government services would be considered. Public benefits of use would be one of many factors that officials could consider during a public charge determination. See PIF’s “What changed with public charge?” for a side-by-side comparison.  

One in four children in the U.S. is in an immigrant family. Most (90%) children in immigrant families are U.S. citizens, yet many go without crucial nutrition, healthcare, and other supports because of fear and confusion caused by policies such as the public charge rule. See PIF’s “Research documents the harm of past public charge policies” to learn more. 

PIF Resources 

PIF’s new resources capture essential pieces of the new public charge rule, emphasizing how: 

• Many immigrants are not subject to public charge, where the rule only applies to immigrants applying for a family-based green card, a visa to enter the United States, or people with a green card who leave the U.S. for more than 6 months.  
• Deviating from the 2022 rule, where only the use of cash assistance and long-term institutionalization were considered in a public charge test, the new rule opens the door to consideration of a much broader range of programs. 
• Under the new rule, officials can consider a family member’s use of benefits as evidence of an applicant’s income and resources, among many other considerations.  
• The confusion and uncertainty the new rule will spread is by design. Immigrant families are likely to experience chilling effects, where the ensuing harm is part of a larger attack on immigrant communities right now.   

Read the final rule.  

Access PIF’s toolkit and resources. 

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