The Trump Administration has revived Public Charge, dramatically expanding its scope. The rule could deny green cards to immigrants who use or are expected to use certain public benefits, including Medicaid, housing assistance, and food stamps.
The rule, set to take effect September 18, gives immigration officials broad authority to decide whether an applicant is likely to become a public charge.
This policy shift has triggered a chilling impact, creating fear and confusion even before it has taken effect. Some immigrant families have stopped using important food, medical, and other essential safety-net programs like Medicaid, CHIP, and SNAP, for fear of invoking the Public Charge Rule and placing their immigration status at risk of deportation or future legal repercussions.
The expanded Public Charge Rule will “make a bad situation even worse,” especially for mixed-status families with U.S.-citizen children and immigrant parents, said Dr. Giridhar Mallya, Public Health Physician and Senior Policy Officer at the Robert Wood Johnson Foundation. The new rule gives immigration officers broad discretion, which could result in mistaken or intentional decisions that discourage families from using essential benefits.
He was speaking at an August 8 briefing hosted by American Community Media, where experts addressed the revival and expansion of the Public Charge Rule in 2026, who may be affected, and what immigrant families need to know.
What is Public Charge?
The Public Charge Rule allows immigration officials to deny residency to applicants they believe are likely to rely on government assistance.
Experts explained that the rules have shifted from clear financial standards to a more discretionary approach that considers the applicant’s overall circumstances, including age, health, education, and other factors.
Speakers warned of serious long-term effects on public health and children’s development. Millions of eligible children in mixed-status families may lose access to medical care, nutrition, and other essential services.
They also emphasized that the change is creating confusion and fear, causing families across the country to avoid programs they are legally entitled to use.
The upcoming Public Charge Rule
Under the new rule, immigration officers will “have a wide range of discretion to deny the green card, “ said Xiao Wang, Co-Founder and CEO of Boundless. It allows them to consider the “totality of circumstances,” including age, health, family status, financial resources and assets, education and skills, as well as other evidence of self-sufficiency
The new rule will also consider the use of means-tested benefits such as Medicaid, food assistance, and housing assistance and whether an applicant will rely on these benefits in the future.
With fewer clear, objective standards, applications may become more complicated and take longer as immigration officers will have more factors to consider.
Who is most affected?
The rule primarily affects people applying for a green card or permanent residency, including many family-based applicants such as spouses, parents, and children of U.S. citizens or green card holders.
Some groups are exempt. The rule does not apply to certain categories, including refugees, asylees, Special Immigrant Juveniles, certain trafficking and crime survivors, and people applying under VAWA. It also does not apply to people applying for U.S. citizenship through naturalization.
But the rule is already creating fear, said Wang, even though in many cases, benefits received by U.S.-citizen children would not have counted against their parents. In the past, families avoided food and health programs because they worried that using benefits would hurt their immigration status. “The last time this administration tried this… families pulled their kids out of food and health programs out of fear.”
“Fear is bigger than the rule.”
Wang emphasized the ‘significant’ chilling effect of the upcoming rule, citing research on immigrant families who reported avoiding public benefits they were eligible for because of immigration concerns.
“The last time that this rule was expanded, the Urban Institute found that one in five adults and immigrant families or children reported that they had avoided a public benefit that they qualified for or eligible for because they feared that it would hurt their immigration.”
Among low-income families, the figure was three in ten.
Wang recommended that eligible applicants who were ready file for benefits before September 18, as applications filed before that date remain subject to the current, narrower rule. It’s “ the single most useful step,” he added.
He also suggested seeking reliable legal guidance from a qualified immigration attorney or a trusted nonprofit immigration provider to understand which benefits may affect their case.
The Impact on Children
Joan Alker, Executive Director, Center for Children and Families, highlighted the growing impact of immigration policies on children in mixed-status families—families in which children may be U.S. citizens while one or more parents are immigrants. She noted that one in four children in the United States lives in a mixed-status family.
Medicaid and the Children’s Health Insurance Program (CHIP) provide health coverage to 40–50% of children in the United States, said Alker, so recent federal budget cuts to both programs are expected to have major effects.
“Medicaid and CHIP are vitally important for children in the United States and really for the future of our country.”
She called the 1 trillion dollars of cuts to Medicaid and CHIP “very troubling.” Though the cuts don’t start until 2027, she observed “very large enrollment declines” in Medicaid and CHIP for children.
As of June 2026, 2.3 million fewer children were enrolled in Medicaid and CHIP compared to January 2025. Alker added that researchers do not yet know how many of these children have become uninsured, but they are concerned that fear of increased immigration enforcement and deportations among mixed-status families is contributing to the decline.
Families are concerned that health program information could be shared with immigration authorities, and that state policies may require reporting or create additional barriers for immigrant families.
Children Without Insurance Face Serious Risks
When Medicaid enrollment declines, the number of uninsured children increases, said Alker. “That’s what we’ve always seen in the past. And that’s a problem.” Without health insurance, children may have difficulty accessing routine and preventive care, making it harder to address health problems early, including common conditions such as asthma.
Children need access to doctors and medications to stay healthy. Without that care, they may end up in emergency rooms, which can be costly for both families and the health care system.
“This is something we’re very worried about,” Alker said.
Some Children and Pregnant Women May Still Qualify
Alker also stressed that some children and pregnant women who are lawfully residing in the United States may still qualify for Medicaid or CHIP, depending on the state where they live.
Some states have chosen to provide coverage without applying the federal five-year waiting period for certain lawfully residing children and pregnant women. This may include children in refugee and asylum-seeking families.
Alker’s central concern is that fear and confusion may prevent families from using health benefits they are legally eligible to receive. She urged families to understand the rules in their state and determine whether their children or pregnant family members remain eligible for Medicaid or CHIP.
SNAP Is a Critical Lifeline
Dr. Giridhar Mallya addressed the rule’s impact on the Supplemental Nutrition Assistance Program (SNAP), “a critical lifeline for about 37 million people in this country” that makes food affordable. Nearly four in 10 SNAP participants are children. The program also supports seniors, people with disabilities, and working adults who struggle to afford basic needs.
The average SNAP benefit is about $350 per household per month, and research shows that SNAP reduces poverty, supports health, and strengthens the economy.
Undocumented immigrants have never been eligible for SNAP, added Dr. Mallya, while U.S. citizens are eligible; many green card holders become eligible after a five-year waiting period.
Public Charge could reduce SNAP participation
During the first Trump administration, more than 700,000 children in mixed-status families lost SNAP over a two-year period, said Mallya. “Overall, the first public charge rule probably led to the loss of SNAP for almost two million people.”
SNAP is already facing major cuts since the passage of the One Big Beautiful Bill in July 2025, said Mallya. “It dramatically expanded work requirements to more SNAP recipients, including parents of teenagers, …takes benefits away from um certain lawfully present immigrants,” including “refugees, asylees and trafficking survivors.”
Recent policy changes have also shifted significant program costs from the federal government to the states. Together, these changes are expected to result in nearly $200 billion in SNAP cuts over the next decade, reducing access to a critical source of food assistance for millions of families.
Even before the new Public Charge Rule takes effect, SNAP participation has declined significantly. According to national data cited by Mallya, 4.5 million fewer people were receiving SNAP over a nine-month period, including nearly 1.5 million children. These declines are among the largest seen since the 1990s. Mallya said the decrease is not primarily the result of an improving economy but is instead linked to policy changes and increasingly burdensome paperwork and eligibility requirements.
Mallya warned that “widespread and dramatic cuts to SNAP, paired with the public charge rule and other anti-immigrant policy will lead to more hunger in this nation.”
