Public Charge
Updated: October 2026
The Trump administration's new public charge rule took effect on September 18, 2026.
The new rule is designed to create confusion and fear for immigrant families and discourage them from using the public benefits they or their dependents may be eligible to receive.
This is part of the Trump administration's broader assault on legally present immigrants, mixed-status families and our communities at large. But we got us! And it's important to note that the public charge test does not apply to all immigrants.
Before you forgo your public benefits out of fear or misinformation, it is important to know the facts and know your rights so you can make the best decision for you and your loved ones.
What is public charge?
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Public charge is part of immigration law. Federal immigration officials review certain green card and visa applications to determine whether the applicant is likely to depend on government support to meet their essential needs. Not all green card applicants will be subject to public charge.
Public charge most commonly applies to:
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People applying for a green card through family-based petitions – for example, someone applying for a green card through a U.S. citizen spouse.
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People with green cards who leave the United States for more than 180 consecutive days and seek to return may also be subject to public charge rules.
Public charge DOES NOT apply:
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U.S. citizens and people applying for U.S. citizenship.
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People renewing their green cards.
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People with green cards who don’t leave the United States for more than 180 consecutive days.
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Refugees and people granted asylum applying for a green card through those statuses.
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Certain people with humanitarian protections due to domestic violence, trafficking, and serious crimes, including people applying for green cards through VAWA and people with or seeking T visas, U visas, or Special Immigrant Juvenile Status.
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People seeking Temporary Protection Status or renewing DACA.
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Immigrants who are not applying for a green card or have no path to a green card.
What changed on September 18, 2026?
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A new public charge rule took effect that allows immigration officials to count receipt of any means-tested public benefits when making a public charge determination. This new rule DOES NOT list specific public benefit programs that count for public charge purposes. However, federal guidance focuses on benefits for which eligibility is based on the applicant’s income or assets falling below a certain threshold. Examples include SNAP (food stamps), WIC, Medicaid, VTTC cash and food assistance, LIHEAP, and federal public housing assistance, among others.
Before you forgo public benefits usage:
Many people are not subject to public charge at all, so it may not be helpful to disenroll or forgo benefits that help your family access food, healthcare, housing, and other basic needs.
Even when public charge applies, immigration officials must consider several additional factors:
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Income, assets, and financial circumstances
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Age
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Health
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Family circumstances
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Education and skills
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Support from the green card applicant's sponsor
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Regarding public benefit use: How recently, for how long, and how much.
Know your rights so you can make the best decision for your family.
We Are Here To Help
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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.
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.