NEW YORK — September 18, 2026. A new federal public charge rule takes effect September 18, changing how U.S. immigration officials may consider public benefits when reviewing certain green card and visa applications.
New York City is leading a coalition challenging the rule in federal court, arguing that it gives immigration officers overly broad discretion and could discourage immigrant families from using health care, food assistance and other benefits for which they are legally eligible.
The policy is not a new law passed by Congress. It is a final regulation issued by the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services under existing federal immigration law.
Key Facts About the 2026 Public Charge Rule
- Effective date: September 18, 2026.
- Agency: U.S. Department of Homeland Security / USCIS.
- Federal rule: Public Charge Ground of Inadmissibility.
- Federal Register: 91 FR 45324.
- Who may be affected: certain people applying for a green card, admission to the United States or certain visas.
- Benefits that may be considered: certain means-tested public benefits.
- Examples identified by New York City: Medicaid, SNAP, cash assistance and certain housing assistance.
What Is the Public Charge Rule?
“Public charge” is an immigration-law determination that can be made when certain noncitizens seek admission to the United States or apply to adjust their status, including some green card applicants.
Immigration officials evaluate whether an applicant is likely at any time to become a public charge.
The government does not make that decision based on one factor alone. Officers may consider the totality of an applicant’s circumstances, including age, health, family status, financial resources, education, skills and other relevant information.
A public charge determination can result in denial of certain green card, visa or admission applications.
What Changed on September 18, 2026?
The Department of Homeland Security’s 2026 final rule rescinds the public charge regulations adopted in 2022.
DHS says the previous rules were too restrictive and limited immigration officers’ ability to evaluate whether an applicant was likely to become a public charge.
The new rule restores broader case-by-case discretion for DHS officers.
The federal regulation states that it applies to applications for admission made on or after September 18, 2026 and applications for adjustment of status postmarked or electronically submitted on or after that date.
Do Medicaid and SNAP Count Under the New Public Charge Rule?
New York City says DHS may consider an applicant’s application for, approval for, certification for, or receipt of certain means-tested public benefits.
The federal rule does not contain a complete closed list of every benefit that may be considered.
New York City identifies examples that can include:
- Medicaid;
- SNAP food assistance;
- cash assistance;
- certain housing assistance programs.
However, receiving a benefit does not automatically mean that an applicant will be classified as a public charge. The benefit is considered as part of a broader individualized assessment.
What About Benefits Received Before September 18?
The rule applies prospectively.
According to DHS, receipt of means-tested public benefits before September 18, 2026 will be evaluated under the previous 2022 framework.
Continued receipt of qualifying means-tested benefits on or after September 18 may be considered under the new framework.
Can My Child’s Benefits Affect My Immigration Case?
Benefits received by a child or another dependent are not automatically treated as benefits received by the immigration applicant.
New York City says immigration officials cannot base a public charge determination solely on a dependent’s use of benefits.
However, relevant household income and financial circumstances may still be considered.
Who Is Generally Not Subject to the Public Charge Rule?
New York City says the rule does not apply in the same way to many categories of immigrants.
Examples include:
- U.S. citizens;
- people applying for U.S. citizenship;
- many existing green card holders renewing their green cards;
- refugees;
- asylees;
- T visa applicants;
- U visa applicants;
- VAWA self-petitioners;
- Special Immigrant Juveniles;
- certain other humanitarian immigration categories.
Why Is New York City Suing?
New York City argues that the federal government has expanded public charge determinations too broadly and has failed to provide sufficiently clear limitations on how means-tested benefits may be considered.
The city also argues that uncertainty surrounding the rule could create a “chilling effect,” causing immigrant families to avoid benefits or services even when they remain legally eligible for them.
These are claims made by New York City and the other plaintiffs in pending litigation. The federal government has a different position and says the new rule restores appropriate discretion to immigration officers and better reflects federal immigration law.
Who Is in the New York City Public Charge Lawsuit Coalition?
The lawsuit was filed in the U.S. District Court for the Southern District of New York.
The coalition includes:
- New York City;
- City of Chicago;
- City and County of San Francisco;
- County of Santa Clara, California;
- City of Seattle;
- King County, Washington;
- Public Rights Project.
New York Attorney General Filed a Separate Lawsuit
New York Attorney General Letitia James is leading a separate multistate lawsuit challenging the same federal public charge rule.
According to the Attorney General’s office, that coalition includes New York and 21 other states, as well as the District of Columbia.
The two cases are separate legal challenges but both seek to stop or restrict implementation of the new federal rule.
What Does the Federal Government Say?
DHS says the 2022 public charge regulations were inconsistent with congressional intent and prevented officers from making sufficiently accurate public charge determinations.
The department says the 2026 rule restores broader discretion so immigration officials can consider all relevant facts in individual cases.
Should New Yorkers Stop Using Public Benefits?
New York City advises residents not to stop using benefits or City services they need without first speaking with a qualified immigration legal provider.
Eligibility for a public benefit and whether that benefit can affect a public charge determination are separate questions.
Free Immigration Legal Help in New York City
New Yorkers with questions about the new public charge rule can contact the Mayor’s Office of Immigrant Affairs Immigration Legal Support Hotline.
Call: 1-800-354-0365
Residents can also call 311 and say “Immigration Legal.”
Frequently Asked Questions
What is the new public charge rule in 2026?
It is a federal DHS regulation governing how immigration officers evaluate whether certain applicants for admission, green cards or visas may become a public charge. The rule takes effect September 18, 2026.
Does Medicaid count for public charge in 2026?
New York City identifies Medicaid as an example of a means-tested benefit that may be considered under the new federal framework. Receipt of Medicaid alone does not automatically result in a public charge determination.
Does SNAP count for public charge?
New York City identifies SNAP as another example of a means-tested benefit that may be considered. Immigration officials must still evaluate the applicant’s overall circumstances.
Does the public charge rule affect green card applications?
It can affect certain applicants seeking adjustment to lawful permanent resident status. It does not apply identically to every immigrant or every type of green card application.
Does the rule apply to U.S. citizens?
No. U.S. citizens are not subject to the public charge inadmissibility test.
Does the rule apply to refugees and asylum seekers?
Refugees, asylees and several other humanitarian immigration categories are generally exempt from the public charge ground of inadmissibility.
Which cities are suing over the public charge rule?
The New York City-led coalition includes New York City, Chicago, San Francisco, Santa Clara County, Seattle and King County, Washington, together with Public Rights Project.
Official Sources
New York City Mayor’s Office — Lawsuit and coalition
New York City Leads Cities and Counties in Lawsuit Challenging Federal Government’s New Public Charge Rule
NYC Mayor’s Office of Immigrant Affairs — Public Charge FAQ
NYC Public Charge Rule Information
NYC Office of Citywide Health Insurance Access — 2026 Rule Explanation
2026 Public Charge Rule Updates
Federal Government — DHS Final Rule
Public Charge Ground of Inadmissibility — 91 FR 45324
New York Attorney General — Separate Multistate Lawsuit
Attorney General James Leads Challenge to Public Charge Rule
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