The U.S. Department of Homeland Security (DHS) has officially announced a final rule rescinding the 2022 Biden-era public charge regulation. Effective September 18, 2026, the policy allows immigration officials to deny green cards and legal residency to applicants who use or are deemed likely to need public benefits, including non-cash assistance like Medicaid, SNAP (food stamps), and housing vouchers.
According to the DHS announcement published on July 16, 2026, the policy change aims to align public charge determinations with the Immigration and Nationality Act (INA), emphasizing self-reliance. Under the new guidelines, U.S. Citizenship and Immigration Services (USCIS) officers will evaluate all pertinent facts and circumstances on a case-by-case basis. USCIS spokesperson Zach Kahler stated that the administration is “upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits.” The rescinded 2022 regulation had limited the types of public benefits that could be considered, excluding non-cash assistance.
The rule primarily targets legal status holders and mixed-status families who are eligible for certain programs, as undocumented immigrants are already ineligible for federal public benefits. USCIS announced that it will issue a revised Form I-485 (Application to Register Permanent Residence or Adjust Status) to reflect the new requirements. Any older versions of the form submitted on or after the September 18, 2026 deadline will be rejected.
Immigration and public health advocates have strongly condemned the revival of the policy, which was first implemented in 2020 during President Donald Trump’s first term and later reversed by President Joe Biden’s administration. Organizations like the Food Research & Action Center and New York-based non-profits argue that the rule will cause widespread confusion and fear, discouraging families from accessing essential nutrition and healthcare. Crystal FitzSimons, president of the Food Research & Action Center, expressed concern that the change would lead to an increase in hunger, particularly among children who need food to thrive.