Overview
- The Department of Homeland Security published the final public‑charge rule on Monday, July 20, restoring a broader test that the agency says checks whether applicants are likely to become dependent on public funds.
- Under the rule, officers may consider SNAP, most forms of Medicaid and other means‑tested programs as part of a case‑by‑case 'totality of the circumstances' assessment.
- Adjudicators must weigh statutory factors such as age, health, family composition, assets and education together with a sponsor's I‑864 affidavit rather than treating benefit receipt as dispositive.
- USCIS will update forms including the I‑485 and apply the new rule to applications filed or postmarked on or after Sept. 18, 2026, while generally evaluating benefits received before that date under the 2022 standard.
- Advocates and Democratic lawmakers condemned the change and legal challenges are expected given the rule's contested history; refugees, asylees and other statutorily exempt groups remain protected from the public‑charge ground.