Public Charge
The Trump administration's new public charge rule is scheduled to take effect on September 18, 2026.
The new rule imposed by Trump is designed to create confusion and fear around public benefits, discouraging immigrant families from accessing programs for which they are eligible to receive. The new public charge rule is part of the Trump administration's broader assault on legally present immigrants, mixed-status families and our communities at large.
ICIRR and immigrant advocates strongly oppose the new public charge rule, which gives immigration officers unlimited discretion in interpreting and applying the public charge test. We will fight back against this rule.
Resources
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Click here to download a social media post on the new public charge rule taking effect on September 18, 2026. Share this on your social media pages to help stop misinformation and ensure our communities have the facts.
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Call the ICIRR Family Support Network Hotline (call option 3) at 855-435-7693 if you have any questions about public charge, public benefit eligibility, or need a referral to legal services.
Here's what you need to know about the new public charge rule taking effect on September 18, 2026:
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Public charge is a law that says some people can be denied a green card or entry to the United States if the government thinks a person is likely to primarily depend on the government for “subsistence,” meaning that person might rely almost completely on the government to meet their basic needs, like long-term care or money to live on.
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Before you stop using benefits out of fear or confusion, try to get legal advice. Everyone’s situation is different, and you may not be subject to public charge.
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Public charge applies only to some people who are directly filing for a green card. This includes many people who apply through a family member or job. Many immigrants apply for green cards in other ways where public charge does not apply.
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Under the law, the government must look at the person’s whole situation. This includes a person’s age, health, income, family size, education, and skills. One fact alone should not decide a case.
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We do not yet know exactly which benefits officers will look at under the new rule. We expect more guidance to be issued before the rule takes effect that will help us better understand what benefits could be considered in a public charge test for green card applications submitted on/after September 18, 2026.
Get Help From A Trusted Community Organization
With the support of the Illinois Department of Human Services, we have a network of over 40 organizations throughout the state of Illinois available to answer your questions about Public Charge and public benefits. The following map lists all the organizations who are Immigrant Family Resource Program Partners and/or Welcoming Centers. For a list of those organizations please click HERE.