The Trump administration's revived "public charge" rule takes effect September 18, 2026, allowing federal officers to weigh an applicant's use of public benefits in green card decisions.

The policy, announced by the Department of Homeland Security, targets legal immigrants and mixed-status families — households where foreign-born parents raise U.S.-citizen children. Advocates in New York City say the rule does not name the programs at risk.

Who does the rule cover?

Green card applicants must show they are unlikely to become a "public charge," a legal term for a person likely to rely on government support. DHS will now conduct a case-by-case review based on an officer's judgement.

The new version does not list specific benefits by name. Federal officers receive broad discretion to decide whether an applicant is wrongfully using public resources.

Programs widely cited by advocates as at-risk include:

• Medicaid
• Housing vouchers
• SNAP food assistance

How does it differ from earlier policy?

The Trump administration first implemented the public charge rule in February 2020, expanding the benefits officers could consider. President Joe Biden reversed the policy after taking office.

Critics say the revival broadens the grounds for disqualification compared to the prior framework.

"This new case-by-case determination will introduce personal biases into the decision-making process that so many of our families will have to navigate," said Carlos Arnao, director of Healthy Communities at the New York Immigration Coalition.

What is the government saying?

DHS posted on X: "Under President Trump, DHS is restoring the basic principle that immigrants must be able to support themselves. We are reaffirming the requirement of self-reliance, protecting public resources, and ending policies that encouraged dependency on hardworking American taxpayers."

What concerns are advocates raising?

Randy Ali, executive director of the Arab American Family Support Center, said the rule's effects would be "devastating."

"We need to be very clear. The new rule will lead to devastating effects on health and economic stability on our communities and on our neighbors," Ali said.

"Without these lifelines, we will see a rise in emergency care, reports of underfed and hungry school children, more families entering the shelter system, and so many more preventable harms," Arnao added.

"It brings another layer of pain and confusion," said Javier Ramirez Baron, executive director of Cabrini Immigrant Services of NYC.

A coalition of NYC nonprofits gathered in Midtown on July 20, 2026, to denounce the policy.

How many people could it affect?

Nearly 23 million noncitizens lived in the United States in 2023, according to the U.S. Census Bureau. New York City has one of the largest foreign-born populations in the country. Mixed-status families — where parents are foreign nationals with U.S.-born children — are directly named in DHS's targeting.

The DHS public charge rule carries the full eligibility criteria and may prompt families to drop benefits before applying to adjust status.