The new public charge rule announced by President Donald Trump's administration will take effect on September 18. The measure, officially published on July 20 in the Federal Registry, It will give immigration officials greater discretion in assessing whether a person applying for the permanent residence (green card) could become a burden on society.
The new provision will apply to applications for admission to the United States and to the procedures of adjustment of status Applications for permanent residency submitted from September 18th onwards. public benefits Applications received before that date will continue to be evaluated under the public charge rule in effect since 2022, approved during Joe Biden's administration.
“The administration essentially eliminated the previous regulation and replaced it without establishing a new regulatory text,” explained Kate Woomer-Deters, senior attorney at the NC Justice Center’s Immigrant and Refugee Rights Project.
According to the lawyer, the Department of Homeland Security (DHS) will grant immigration officers greater discretion to determine whether a person who applies for permanent residency may be considered a public charge.
Who does it affect?
The new provision mainly affects people applying for permanent residency due to a family request and, in some cases, permanent residents who remain outside the United States for more than 180 days and must reapply for admission to the country.
As explained to Enlace Latino NC Adriana Cadena, executive director of Protecting Immigrant Families (PIF), the rule does not change the criteria for most immigrants.
“It does not apply to people who are U.S. citizens or who already have their green card. It does not apply to applicants or those who have received the GST, U-visa or T, asylum “Or refugee status, or special youth immigrant status,” he noted.
Cadena added that it also does not apply to people who currently do not have a path to permanent residency or who do not plan to apply for it in the future.
For her part, Woomer-Deters recalled that those who request humanitarian immigration status or seek to obtain permanent residence through asylum, refugee status, T or U visas, the Violence against Women Law (VAWA) or the Special Immigrant Juvenile program continue to be exempt from the public charge test.
These individuals can continue to access the public benefits for which they qualify without affecting their immigration processes.
Related: Myths and truths about the Public Charge Rule
What benefits could be considered?
Although many people applying for adjustment of status have never been eligible for most federal public benefits, the new rule allows USCIS to consider, when appropriate, the use of certain means-tested benefits as part of the public charge assessment.
However, that won't be the only criterion. Officials will also analyze factors such as age, health status, family situation, income, assets, education level, job skills, and the financial backing of the sponsor before deciding whether to approve or deny the application.
“The new 'no rule' will not take into account public benefits that a person received before mid-September 2026,” Woomer-Deters said.
“The DHS statements on the 'no rule' indicate that only means-tested benefits will be considered,” he added.
The lawyer explained that, according to DHS, benefits such as unemployment insurance, retirement, Social Security disability, and veterans' benefits will not be considered during the evaluation.
However, he cautioned that these clarifications are not part of a formal regulation, but only statements issued by the agency, which creates uncertainty about how the new policy will be applied.
Impact on immigrant families considering applying for permanent residency?
For Adriana Cadena, the main concern is not only the content of the new policy, but the uncertainty it generates among immigrant families.
“This policy may make it more difficult for many families to apply for permanent residency,” he said.
The executive director of PIF recommended consulting with an immigration lawyer before applying for permanent residency or leaving the country for an extended period.
He also described the policy as "confusing and worrying".
“First, avoid rumors and seek the facts. Trusted community organizations are good sources of up-to-date information. In this situation, information is power,” he stated.
“And second, speak up if you can. This policy is unfair and dangerous. Our leaders must know that they have to act to protect our community,” he added.
Cadena recalled that the public charge policy implemented during Trump's first term was later halted by the courts, so he recommended staying in touch with trusted community organizations to receive updated information if the situation changes again.
The recommendation: stay in touch with trusted organizations
“When Trump changed the ‘public charge’ policy during the pandemic, the courts stopped him in just over a year,” Cadena recalled.
In that context, he noted that staying in touch with trusted community organizations is essential to receive up-to-date information in case the policy changes again.
“If you stay in touch with community organizations, you can receive updates if the policy changes,” he said.
Related: Organizations that offer legal assistance to immigrants in North Carolina?
What is public charge?
Public charge is a criterion used by immigration authorities to determine whether a person applying for asylum will be subject to the law. permanent residence or admission to the United States will likely depend on the government to cover their basic needs.
To make that decision, officials evaluate all of the applicant's circumstances. They analyze factors such as age, health status, family situation, income, assets, education, job skills, and the financial support offered by the sponsor.
Under the new policy, they will also be able to consider using certain public benefits subject to verification of economic resources where applicable.
However, having received any of those benefits does not automatically mean that a person will lose the possibility of obtaining permanent residency.
Because these rules are complex and their application still raises doubts among specialists, both the NC Justice Center and Protecting Immigrant Families recommend consulting with an immigration attorney before making decisions related to public benefits, travel abroad, or applications for permanent residence.
Image created by ELNC using artificial intelligence tools based on PIF information
Effect
According to Manatt HealthThe public charge policy implemented during Trump's first term led to up to 26 million people ceasing to apply for public benefits for fear of harming a future immigration process.
Approximately half were U.S. citizens, mostly children living in mixed immigration status families.
Organizations working with immigrant communities warn that this same effect could be repeated if families stop accessing benefits for which they qualify for fear of affecting a future application for permanent residency.
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