Overview
On July 16, 2026, the Department of Homeland Security (DHS) released a final public charge rule, which deviates from decades of established policy and practice.
The new policy, which took effect September 18, 2026, takes away the clear rules established by the Biden administration for deciding whether someone could become a “public charge.” This lack of clear guidance gives DHS officials broad discretion, potentially opening the door to discriminatory decisions based on personal factors and for officials to deny green cards based on the use of any government-funded, “means-tested” or income-based program.
Our fact sheet, 2026 Final Public Charge Rule: A Threat to Women of Color, outlines the impact of the new policy on immigrant communities.