Get News & Updates

2026 News & Updates

Congressional Effort to Block the 2026 Public Charge Rule

On August 6, 2026, Senator Mazie Hirono and Representative Judy Chu introduced the Protect American Values Act, S. 5331 / H.R. 10045, to block federal funding for the implementation and enforcement of the 2026 Public Charge Rule.

The bill has been referred to the House and Senate Judiciary Committees but has not become law. It does not delay the rule’s September 18, 2026, effective date. If passed by Congress, the bill would generally require presidential approval. A presidential veto could be overridden by a two-thirds vote in both chambers. More information about the legislative effort to block the 2026 Public Charge Rule can be found on the official U.S. Government Publishing Office website.

Additional information about the Protect American Values Act and the congressional effort to block the 2026 Public Charge Rule is available from the National Low Income Housing Coalition (NLIHC).

The 2026 Public Charge Final Rule
On July 20, 2026, the Department of Homeland Security (DHS) published the 2026 Public Charge Final Rule. The rule rescinds the 2022 regulatory definition of “public charge” and gives immigration officers greater discretion to determine whether an applicant is likely at any time to become a public charge. The public charge test evaluates if a person will depend on the government for financial maintenance.  Immigration officials apply the public charge test when someone applies for lawful permanent residence or admission into the United States.

Public charge determinations will be based on the totality of the circumstances. Officers must consider the applicant’s age; health; family status; assets, resources and financial status; and education and skills. 
When an Affidavit of Support is required by law, it must be submitted. However, under the 2026 rule, neither the Affidavit of Support nor any other factor is assigned a predetermined favorable or negative weight. 

DHS may consider an applicant’s application for, approval or certification to receive, or receipt of means-tested public benefits. The rule does not provide an exhaustive list of benefits. Examples include Medicaid, SNAP, cash assistance, and certain housing assistance. Receipt of a benefit alone does not automatically make someone a public charge.

The rule applies prospectively. Means-tested public benefits received before September 18, 2026, will be evaluated under the 2022 rule. Continued receipt of means-tested public benefits on or after September 18, 2026, may be considered under the 2026 rule.
Benefits received by family members are not automatically counted as benefits received by the applicant. However, officers may consider relevant household and financial circumstances.

If DHS finds an adjustment-of-status applicant inadmissible only on public charge grounds, the officer may, in certain circumstances, invite the applicant to post a public charge bond.

The 2026 rule changes how public charge bonds are treated. For bonds submitted before September 18, 2026, receiving public cash assistance for income maintenance or long-term institutionalization funded by Medicaid can result in a bond breach. For bonds submitted on or after September 18, 2026, receiving any means-tested public benefit or violating another condition of the bond can result in a breach.

Because the rule removes several specific regulatory limitations contained in the 2022 rule, officers will have greater discretion to evaluate each applicant on a case-by-case basis.

It is Important to Know:
1) The 2026 Public Charge Rule does not apply to everyone. It does not apply to U.S. citizens, people applying for citizenship, green card holders renewing their green cards, refugees, asylees, T or U visa applicants, VAWA self-petitioners, Special Immigrant Juveniles, and certain other humanitarian categories.

For more information about who is and is not subject to the Public Charge Rule, see MOIA’s “Does this apply to me?” section in the Frequently Asked Questions.

2) The rule does not change eligibility requirements for public benefits. Being eligible for a benefit and whether use of that benefit may be considered in a public charge determination are separate issues.
3) The new rule is scheduled to take effect on September 18, 2026. 
4) Benefits received by a child or other dependent are not automatically counted as benefits received by the applicant. However, officers may consider relevant household and financial circumstances.

What Should New Yorkers Do
Immigrant New Yorkers who are concerned about how the 2026 Public Charge Rule may affect them or their family members can get help understanding the changes and making informed decisions. Before stopping or withdrawing from a public benefit, individuals should seek information about whether the public charge rule applies to their specific immigration situation.

Free Legal Services and Additional Information  
To learn more about the 2026 Public Charge Rule, visit NYC Mayor’s Office of Immigrant Affairs (MOIA) – Public Charge 

Immigration legal support and additional public charge information are available by calling 1-800-354-0365 during the following hours:
Monday and Wednesday: 9:00 a.m. to 8:00 p.m.
Tuesday, Thursday, and Friday: 9:00 a.m. to 6:00 p.m.
Last Saturday of each month: 9:00 a.m. to 5:00 p.m.
For questions about public charge, call the New Americans Hotline, operated by Catholic Charities, at 1-800-566-7636, available Monday through Friday from 9:00 a.m. to 8:00 p.m.

If you are sponsoring a family member abroad for a visa, certain public charge-related policies at U.S. consulates may apply. Call 311 for general information about public charge and say, “Immigration Legal Help".

Enrollment in public or private health insurance is available through New York State of Health. The Open Enrollment Period runs from November 1 through January 31. Call 311 to find a health insurance assister nearby.

Additional information and analysis on the impact of the Public Charge Rule on Medicaid and CHIP enrollment are available from KFF Potential Chilling Effects of Public Charge.

Last Updated: September 1, 2026