Public Charge Rule

Public charge is a “test” used by immigration officials to determine whether a noncitizen will be dependent on the government for support. Immigration officials make this determination when a person applies to enter the U.S. or to adjust to legal permanent resident (“green card”) status. Public charge most commonly applies to persons applying for a green card through a family member. Many immigrants are exempt from the public charge test.

Yes, the Department of Homeland Security (DHS) released a new rule that changes how federal immigration officials evaluate whether certain non-citizens seeking immigration status are considered a “public charge”.

The new rule takes effect on September 18, 2026, and applies to applications for permanent residence (adjustment of status) filed with U.S. Citizenship and Immigration Services (USCIS) on or after that date. Applications filed before September 18, 2026, remain subject to the previous public charge rules.

One major change is that the new rule allows immigration officials to consider a broader range of government-funded benefits than under the previous rules. The new rule also gives immigration officials broader discretion to consider an applicant’s individual circumstances when making a public charge determination.

Public benefits received before September 18, 2026, generally will not be considered under the new rules, although certain benefits that were already considered under the previous rules may continue to be considered. Benefits received on or after September 18, 2026, may be considered under the new rules if the person is subject to the public charge test.

The public charge rule does not apply to everyone. It applies only to certain immigrants applying in specific immigration pathways – primarily people applying for lawful permanent residence (a green card) through a family-based process.

The Public Charge Rule does not apply to you if:

• You’re a U.S. citizen
• You already have permanent resident status (a “green card”)
• You’re applying for or already have received a U or T Visa, the Violence Against Women Act (VAWA), Asylum or Refugee status, Special Immigrant Juvenile Status (SIJS), and several other categories
• You are not applying for lawful permanent residence and do not have pathway to obtain permanent residence

The Public Charge Rule may affect you if, for example, you:

• You plan to apply for permanent residence through a family-based application
• You have permanent residence but you remain outside the country for more than 6 months
• You plan to apply for a visa or admission to the U.S. from abroad, or to change or extend certain nonimmigrant visas inside the U.S.

If you are completing a visa or green card process at a U.S. embassy or consulate, different public charge rules apply. The Department of State has separate policies for people completing the immigration process abroad, including recent changes that are already in effect. If you are in this situation, seek individual immigration guidance about the rules that apply to your case.

The new rule broadens the types of government-funded benefits that may be considered in a public charge determination. Under the new rules, if the public charge rule applies to you, immigration officials may consider government-funded benefits for people with limited income or assets (“means-tested” benefits), including benefits provided through federal, state, local, territorial, or tribal programs. USCIS has not provided a complete list of benefits that may be considered.

Receiving a public benefit does not automatically mean that someone will be found to be a public charge. Because the new rules are broad and individual circumstances matter, people who are concerned about the impact of benefits on their immigration case should seek advice from a licensed immigration attorney or federally accredited representative before making decisions about applying for, continuing, or stopping benefits.

OIA encourages service providers, stakeholders, and community members to learn more before making decisions about enrolling or disenrolling from benefits.  To help answer questions, the Los Angeles County Office of Immigrant Affairs and the Benefits Access Los Angeles Network (BAILA) will host a free webinar to explain the new rule, discuss what has changed, and share available resources for community members and service providers:

English Webinar

Spanish Webinar

Families making decisions about enrollment or disenrollment from public benefits may contact the Benefits Access for Immigrants Los Angeles (BAILA) Network for assistance. The Office of Immigrant Affairs encourages individuals concerned about the impact of public benefits use on their immigration case to get advice from a licensed attorney or federally accredited representative.

The federal government has recently attempted to share certain Medicaid information with the Department of Homeland Security for immigration enforcement purposes. Federal rules did not allow this kind of information sharing for a long time, so this is a major change.

California and other states challenged these efforts in court. Los Angeles County has joined the litigation opposing the sharing of Medi-Cal information. Litigation is ongoing, and a federal court has issued a temporary order that allows for sharing of some information. The final outcome of this litigation and the impact on immigrants is uncertain at this time.

No. Leaving or disenrolling from a program does not erase prior case information.

Families considering disenrollment – and potentially losing important healthcare coverage – should understand that ending benefits may not eliminate existing records.  Families seeking assistance with important decisions about enrolling or disenrolling from benefits programs may contact the BAILA Network for support. For individual immigration legal advice, consult with a licensed immigration attorney or accredited representative. Consumers may contact the Office of Immigrant Affairs at 800-593-8222 for referral assistance.

No. You do not need to provide immigration status information or Social Security numbers of family members who are not applying for benefits for themselves. Applicants should answer questions truthfully, but they are generally only required to provide detailed information for people seeking benefits coverage.

California and other states have reported that the federal government sought access to certain SNAP recipient information. Los Angeles County joined litigation challenging these efforts.

At this time, California officials have stated that the state has not shared CalFresh recipient information for immigration enforcement purposes, and court orders currently limit certain federal actions while litigation continues. The legal situation could change as court cases proceed.

Undocumented immigrants are generally not eligible to receive federally funded CalFresh benefits for themselves.

However, eligible household members — such as U.S. citizen children or certain lawfully present immigrants — may still qualify. A parent or caregiver may apply on behalf of eligible children even if the parent is not eligible personally.

Generally, people who are not applying for benefits for themselves do not need to provide Social Security numbers or detailed immigration documentation.

Households may still need to provide some financial or household information to determine eligibility and benefit amounts for eligible family members.

Under the current federal public charge rule, CalFresh is generally not considered in public charge determinations. However, DHS proposed changes to the public charge rule in late 2025 that could expand the types of benefits considered in the future. Those proposed changes have NOT taken effect at this time.

Because immigration law is complex and subject to change, individuals pursuing family-based immigration cases or other immigration benefits should consult with a licensed immigration attorney or accredited representative. Consumers may contact the Office of Immigrant Affairs at 800-593-8222 for referral assistance.