Trump Admin’s New Green Card Rule — Who May Be Affected and What Changes Starting September 18 | Today’s news
The Trump administration is pushing a policy that could make it harder for some immigrants who receive government assistance to become permanent residents of the United States.
On Thursday, the U.S. Department of Homeland Security (DHS) announced a final rule repealing the 2022 Biden-era public fee regulations, returning more discretion to immigration officials when assessing green card applicants.
The rule will take effect on September 18, 2026.
What is the “public charge” rule?
Under the U.S. Immigration and Nationality Act (INA), a person can be denied a visa or green card if immigration officials determine that they are likely to become a “public charge”—that is, someone primarily dependent on government assistance.
The law has been in place for decades, but the way the government defines “public charge” has changed under different administrations.
what changed
The Trump administration rescinded a 2022 Biden-era order that narrowed the types of public benefits that immigration officials could consider when evaluating applicants.
According to DHS, immigration officials will now again be able to assess all relevant factors on a case-by-case basis, giving them broader powers in deciding whether an applicant is likely to be dependent on government assistance.
The administration says the move will better align immigration policy with Congress’ intent to make immigrants self-sufficient rather than dependent on taxpayer-funded benefits.
What was Trump’s rule in 2019?
During Donald Trump’s first term, the administration significantly expanded the definition of a public charge.
The 2019 policy allowed immigration officials to consider applicants who received certain public benefits — such as Medicaid, food stamps (SNAP) and some housing assistance — for more than 12 months in a 36-month period when deciding green card applications.
The policy faced numerous legal challenges and was eventually abandoned by the Biden administration.
What did Biden change?
In 2022, the Biden administration reversed the expansion of the Trump era.
The revised regulation limited the benefits that could be considered and reinstated a narrower interpretation of “public charge,” making it less likely that the use of non-cash public assistance would affect green card eligibility.
Immigrant rights groups argued that the change prevented eligible families from avoiding health care and nutrition programs for fear of immigration consequences.
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Why is Trump bringing it back?
The Trump administration says the goal of the change is to protect taxpayers and reinforce the principle that immigrants should be financially self-sufficient.
“The Trump administration is enforcing the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits,” said USCIS spokesman Zach Kahler.
US Citizenship and Immigration Services (USCIS) also said the rule reflects the intent of Congress that immigrants in the United States should be self-sufficient and independent of taxpayer-funded government benefits.
Will everyone on benefits be denied a green card?
Not necessarily.
DHS says immigration officials will make individual assessments on a case-by-case basis, considering the applicant’s overall situation rather than relying on a single factor.
However, wider discretion means that the use of some public benefits could once again burden applicants for permanent residence.
what’s next
The final rule will take effect on September 18, 2026.
USCIS will also issue a revised Form I-485 (Petition to Register Permanent Resident or Adjust Status). Applications submitted on or after the effective date using older versions of the form will not be accepted.
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