The Trump administration’s new public charge framework takes effect on September 18, 2026, after DHS rescinded the 2022 public charge regulation in a final rule published on July 20, 2026. USCIS updated its guidance on August 18, 2026 to tell officers to evaluate green card applicants under the totality of circumstances, including receipt of means-tested public benefits.
- USCIS applies the updated policy to Form I-485 applications postmarked or filed online on or after September 18, 2026.
- For benefits received on or after September 18, 2026, USCIS may consider any means-tested public benefit when assessing certain adjustment applicants.
- For benefits received before September 18, 2026, USCIS will generally consider only public cash assistance for income maintenance and long-term institutionalization at government expense.
- The guidance also directs officers to weigh age, health, family status, assets, resources, education, and skills in the public charge analysis.
- New York City and allies sued to block a broader public charge rule before its September 18, 2026 start.
- The policy would let officers consider Medicaid and food assistance in green card and visa decisions.
- Plaintiffs say the rule exceeds DHS authority and would pressure families to drop legally available benefits.
New York City and a coalition of local governments sued in Manhattan federal court Monday, September 14, 2026, to block a rule that would let immigration officers weigh Medicaid and food assistance when deciding some green card and visa applications.
Free toolCSPA Age-Out Calculator OnlineThe lawsuit, led by Zohran Mamdani, targets a Trump administration policy scheduled to take effect Friday, September 18, 2026. A separate case filed by New York, more than 20 other states and the District of Columbia makes similar claims.
Both challenges say the policy exceeds the Department of Homeland Security’s statutory authority and violates the Administrative Procedure Act. The governments want the court to stop the measure entirely and permanently.
Mamdani called it a “cruel and unlawful rule” and said it would punish immigrants for using services they can legally receive.
“The new public charge rule seeks to push immigrant families away from the programs that have kept people fed and healthy for decades.”
He added: “New Yorkers will be afraid to see a doctor or ask for help they are legally entitled to.”
The lawsuits challenge a broader benefits review
The city’s case includes Chicago, San Francisco, Santa Clara County, Seattle and King County. Those governments argue that the policy would revive consideration of non-cash benefits in immigration decisions.
Medicaid and food stamps could return to the review. Immigration officers would also receive broad discretion when evaluating whether an applicant could become dependent on public benefits.
The challenges involve applications for green cards and visas. They seek to stop the policy before its scheduled Friday implementation.
The two cases proceed on separate government tracks. New York City and the local coalition filed one lawsuit, while New York and the multistate group filed the other.
The policy would reverse the 2022 approach
The 2022 Biden-era framework generally confined public charge analysis to cash assistance and long-term institutional care. It excluded programs such as Medicaid and SNAP from the core determination.
The new policy would return to a broader public benefits-based review. It was announced in July 2026.
New York Attorney General Letitia James said the policy could pressure families to give up assistance they qualify to receive.
“This rule preys on that fear and counts on families forfeiting the food assistance, healthcare coverage and other public benefits to which they are legally entitled.”
James also said, “Hardworking families should not be forced to go without the support they need because they fear asking for assistance will get them deported.”
The city lawsuit was filed Monday morning in the U.S. District Court for the Southern District of New York. The coalition is seeking a permanent injunction rather than a temporary pause.
The policy is set to take effect on September 18, 2026. The court challenge will determine whether the broader benefits review proceeds on that date.
