On September 14, 2026, two lawsuits were filed against the federal government. Both seek to stop the new public charge rule, which is scheduled to take effect on September 18. Below we explain what changes, who filed, and above all, who this rule does not apply to.
In Brief: The Public Charge Rule in One Minute
- The Department of Homeland Security published a final rule on July 20, 2026 rescinding the 2022 public charge regulation. It takes effect on September 18, 2026.
- The rule restores broad discretion to officers. Moreover, it removes the fixed "primary dependence" threshold and allows officers to consider nearly any means-tested public benefit: Medicaid, SNAP, housing assistance, CHIP, WIC and prenatal coverage.
- It also allows officers to consider benefits received by family members the applicant supports.
- On September 14, 2026, 22 states and the District of Columbia sued in the U.S. District Court for the Southern District of New York. That same day, New York City, Chicago, San Francisco, Seattle and two counties filed a second lawsuit in the same court.
- Important: public charge does not apply to everyone. In fact, the statute itself exempts several categories. We explain them below.
- Note: as of this publication, no court had blocked the rule. The lawsuits were just filed.
What Is the Public Charge Rule?
First, it helps to define the term. Public charge is a ground of inadmissibility that has existed in the law for more than a century. It appears in section 212(a)(4) of the Immigration and Nationality Act. In short, it allows an officer to deny a visa or a green card to someone the officer believes is "likely at any time to become a public charge."
In addition, the statute requires the officer to weigh at least five factors. Those are age, health, family status, assets and financial resources, and education and skills. The officer may also consider an affidavit of support.
Important: receiving a benefit does not by itself produce a denial. Rather, it is one factor within a totality analysis. However, the new rule greatly widens which benefits can enter that analysis.
What Does the New Public Charge Rule Change on September 18?
Specifically, the central change is how much discretion the officer has. For example, the 2022 rule set a narrow standard and a limited list of benefits. By contrast, the 2026 rule removes that framework. It now allows a case-by-case evaluation based on the totality of the circumstances.
| Item | 2022 Rule | Rule in Effect From September 18, 2026 |
|---|---|---|
| Standard | Fixed "primary dependence" threshold | Individualized assessment based on the totality of circumstances |
| Benefits considered | Limited list, mainly cash assistance and long-term institutionalization | Nearly any means-tested benefit, cash or non-cash |
| Examples named in the rule | — | Medicaid, SNAP, housing assistance, CHIP, WIC, prenatal coverage |
| Family members' benefits | Not considered | May be considered for family members the applicant supports |
Source: Federal Register, "Public Charge Ground of Inadmissibility," DHS final rule (RIN 1615-AD06), published July 20, 2026. Verified September 15, 2026.
For its part, DHS explains in the preamble that it is "moving away from a bright line primary dependence standard" and that officers may consider "all individualized case-specific factors and circumstances relevant to an alien's case." Furthermore, the agency argues this is consistent with the self-sufficiency policy Congress set out in the law known as PRWORA.
Who Sued the Federal Government, and in Which Court?
In total, two separate lawsuits were filed. Both landed the same day and in the same federal court.
| Lawsuit | Who | Court | Date |
|---|---|---|---|
| State coalition | 22 states and the District of Columbia, led by New York Attorney General Letitia James | Southern District of New York | September 14, 2026 |
| City and county coalition | New York City, Chicago, San Francisco, Seattle, King County (WA), Santa Clara County and Public Rights Project | Southern District of New York | September 14, 2026 |
Sources: official releases from the New York Attorney General, the Vermont Attorney General and the Office of the Mayor of New York City, September 14, 2026.
These are the states in the coalition: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan and Minnesota. Also Nevada, New Jersey, New Mexico, New York, Pennsylvania, Oregon, Rhode Island, Vermont, Virginia, Washington and Wisconsin, plus the District of Columbia.
What Do the States Argue in the Lawsuit?
The states raise three main arguments against the public charge rule. First, that the rule violates the Administrative Procedure Act because it is arbitrary and capricious. Second, that DHS exceeded the authority immigration law gives it. Third, that the rule departs from the meaning Congress has historically given the term "public charge."
Finally, they ask the court for two things: that it declare the rule unlawful, and that it vacate the rule.
Attorney General James said that hardworking families should not be forced to go without the support they need because they fear asking for assistance will get them deported.
For her part, Vermont Attorney General Charity Clark noted that the rule sets no clear limit on which benefits, or how much use, count against an applicant.
How Much Money Is at Stake?
The figures surrounding the public charge rule vary depending on who calculates them. They also vary depending on what each one measures.
| Figure | What It Measures | Source |
|---|---|---|
| $13.05 billion per year | Estimated reduction in federal and state transfer payments | DHS, final rule analysis, July 20, 2026 |
| $111.28 billion over ten years | Estimated cumulative reduction (3% discount) | DHS, final rule analysis |
| $4.05 billion per year | Projected loss in Medicaid and CHIP funding | States' lawsuit, September 14, 2026 |
| $1 billion per year | Projected loss in SNAP funding | States' lawsuit |
| Between 35% and 60% | Benefit disenrollment observed under a similar earlier rule, among mixed-status and refugee families | States' lawsuit |
Verified September 15, 2026 against the analysis published in the Federal Register and the attorneys general releases.
In fact, that last figure explains the underlying concern. In practice, many families stop using benefits they are legally entitled to, out of fear. Even families the rule does not reach at all.
Who Is NOT Subject to the Public Charge Rule?
Now, this is the point that brings the most relief and gets explained the least. Indeed, the statute itself exempts several categories from the public charge rule.
For example, section 212(a)(4)(E) provides that public charge does not apply to people filing a VAWA self-petition. Nor to those applying for or holding U nonimmigrant status. Separately, section 209(c) provides that this ground is not applicable to refugees and asylees adjusting status.
In addition, public charge is assessed only at specific moments. For instance, when a visa is requested, when admission to the country is sought, or when adjustment of status is requested. That is, it is not a review that happens at any time or to just anyone.
Careful: whether your category appears on that list is not settled by reading an article. Rather, it depends on which path you are applying under, your history, and where your case stands. That gets reviewed with an attorney.
Do Benefits Used Before September 18 Count?
Not in the same way. DHS clarified this in the rule itself. For the period before the effective date, it will keep considering benefits consistent with the 2022 rules. That is, under the narrower standard. Therefore, the expansion to "any means-tested public benefits" applies starting September 18, 2026.
In other words, past use of a benefit is not automatically re-evaluated under the new standard. Even so, every file is analyzed individually.
What Does the Public Charge Rule Mean for Your Case?
It depends on three things. First, which category you are applying under. Second, whether that category is exempt. And third, what your file shows as a whole. Remember that the law requires the officer to weigh age, health, family status, financial resources, education and skills. In addition, using a benefit is one factor among several, not a verdict.
For that reason, two people receiving the same benefit can end up with different outcomes. For example, one may have a solid family petition and sufficient resources. By contrast, another may be in a fully exempt category, such as VAWA.
What Do We Recommend Doing Now?
We recommend four concrete things.
First, do not cancel benefits out of fear without consulting an attorney. In fact, dropping a U.S. citizen child from Medicaid or CHIP can harm your family. And it may do nothing for your case, especially if you are in an exempt category.
Second, confirm whether your category is exempt from the public charge rule. That single fact changes the entire conversation.
Third, do not rely on rumors or WhatsApp chains. Indeed, this is an area where misinformation spreads fast and does real harm.
And fourth, if you have a pending case or are about to file one, review it with an attorney as soon as possible. Remember that the effective date is September 18.
At our firm, that review happens in a consultation with attorney Jesús Reyes. Our consultations are not free. However, they allow us to analyze your file thoroughly and tell you honestly what legal alternatives exist in your situation. We also offer emergency consultations, which are scheduled sooner and cost more. You can schedule your consultation here.
Frequently Asked Questions About the Public Charge Rule
When Does the New Public Charge Rule Take Effect?
On September 18, 2026, under the final rule published in the Federal Register on July 20, 2026. As of this publication, no court had blocked it, although two lawsuits were filed on September 14.
Does Receiving Medicaid Block Me From Getting a Green Card?
Not automatically. That is, the law requires a totality analysis. That analysis includes age, health, family status, resources, education and skills. The new rule allows officers to consider Medicaid and other benefits, but as one more factor.
Do Benefits My U.S. Citizen Child Receives Count?
The new rule allows officers to consider benefits received by family members the applicant supports. This is one of the points the lawsuits challenge. Still, every case must be reviewed individually.
Who Is Exempt From the Public Charge Rule?
The statute exempts, among others, people filing a VAWA self-petition and those holding U status. In addition, it provides that the ground does not apply to refugees and asylees adjusting status. Even so, if you believe your category is exempt, confirm it with an attorney.
Should I Cancel My Family's Benefits?
Do not make that decision on your own. In fact, it can harm your family's health and nutrition. And it may do nothing for your immigration case, especially if you are in an exempt category.
Where Can I Verify This Information?
Always in official sources. At the end of this article we link the rule published in the Federal Register, the text of the statute, and the attorneys general releases, so you can confirm it yourself.
Conclusion on the Public Charge Rule
Now, we understand the anxiety a headline like this creates, especially three days before the effective date. Even so, it helps to separate the noise from the facts. The rule widens officer discretion, but it does not turn benefit use into an automatic denial, and entire categories are left out by the statute itself.
In addition, the lawsuits are moving forward and the situation may change at any moment. Meanwhile, getting information from official sources and reviewing your case early remains the best tool an immigrant family has.
Do you have questions about how the public charge rule affects your case? Contact us. We handle cases worldwide from our office in Miami, Florida. We are here to advise you and review your specific situation.
Related: you can also read about who the new public charge rule will affect, about the visa interview pause while officers train on this same rule, and about the adjustment of status application that also changes on September 18.
See also our frequently asked questions, our services, and the other updates on our blog.
Sources Consulted
- Federal Register — Public Charge Ground of Inadmissibility, DHS final rule, RIN 1615-AD06 (July 20, 2026).
- Legal Information Institute, Cornell University — 8 U.S.C. § 1182(a)(4), public charge ground of inadmissibility.
- Legal Information Institute, Cornell University — 8 U.S.C. § 1159(c), adjustment of status for refugees and asylees.
- New York Attorney General — press release, September 14, 2026.
- Vermont Attorney General — press release, September 14, 2026.
- Office of the Mayor of New York City — press release, September 14, 2026.
