Changes since 18 September: public charge, the USCIS rule that complicates the green card

Starting on September 18, immigrants applying for a green card will face a new assessment under the U.S. Citizenship and Immigration Services (USCIS) rule that determines whether they could become a "public charge." This change expands the factors officials can consider when evaluating applications, giving them more discretion to assess each case based on the totality of circumstances. The revised regulation, published by the Department of Homeland Security (DHS) in the Federal Register, removes restrictions from the 2022 rule that limited which elements could be used to determine if someone would likely become a public charge. Officials had previously been constrained by a framework deemed "unduly restrictive," which made evaluations less flexible. Under the new rule, officers can take into account a broader range of factors, including age, health, family situation, assets, financial resources, education, and skills. They may also consider the receipt of certain public benefits subject to resource verification, such as Medicaid, SNAP, and others. The new policy applies to adjustment of status applications submitted by mail or electronically starting September 18, as well as admission requests filed from that date onward. Benefits received before this date remain governed by the 2022 framework. The change allows officials to evaluate applicants' ability to support themselves independently, taking into account their specific circumstances rather than relying solely on pre-defined categories. Previously, the 1999 guidance focused on two main categories of assistance: cash aid programs like Supplemental Security Income (SSI) and Temporary Assistance for Needy Families (TANF), and long-term institutional care funded by the government. The 2026 regulation replaces this narrower approach with one that includes both federal and state benefits alongside individual circumstances. This shift means that a wider array of public services could influence the outcome of a green card application. According to USCIS estimates, approximately 1.27 million individuals might stop using or avoid participating in social programs such as Medicaid, the Children's Health Insurance Program (CHIP), SNAP, TANF, SSI, federal housing assistance, and WIC. The impact extends beyond those directly affected by these policies. The Department of Homeland Security acknowledged that both foreign nationals and U.S. citizens, especially those in mixed-status families, could be among those who choose to leave programs or refrain from enrollment. Sarah Krieger, a senior policy advisor at the National Immigration Law Center (NILC), explained to The American Prospect that prior research has shown reduced access to essential programs affecting broader groups, particularly children who are U.S. citizens. These findings suggest that the new rule could have ripple effects beyond just the immediate beneficiaries, potentially impacting entire households. The new rule affects a wide range of individuals, including foreign nationals seeking permanent residency through various pathways. However, some groups may be exempt or receive special consideration. For example, certain non-citizens with specific immigration statuses or those who meet particular criteria related to hardship or exceptional circumstances may still qualify for benefits without facing the same level of scrutiny. The exact scope of exemptions and exceptions remains under review, with further clarification expected in upcoming guidelines. As the new rule takes effect, its implications continue to unfold. Advocacy groups and legal experts are closely monitoring how it will be implemented and enforced. With the potential for widespread impact, the changes mark a significant shift in how public charge assessments are conducted, raising questions about equity, accessibility, and the long-term consequences for immigrant communities.