The U.S. Citizenship and Immigration Services and the Department of Homeland Security have issued a final rule that changes how it evaluates public charge determinations for certain individuals seeking lawful permanent resident status.
Scheduled to take effect on September 18, 2026, the rule eliminates most current public charge regulations and paves the way for new guidance that could expand the factors considered during immigration reviews. While the rule does not identify specific programs that will be included in these assessments, benefits such as premium tax credits, Medicaid, and state-funded health coverage could potentially be considered as part of an applicant’s overall circumstances. Officers may have greater flexibility to assess whether an applicant is likely to depend on government assistance in the future.
Enrollment Assisters, Community Health Workers, and Navigators are encouraged to provide accurate, timely information to help individuals understand the potential impact of the rule and make informed decisions.