July 2026 Public Charge Update

On July 17, 2026, the federal government announced they will rescind the 2022 public charge regulation.  The rule does not change the immigration statuses that are exempt from public charge; instead, it will change how cases are evaluated, allowing USCIS officers to “assess public charge factors based on all pertinent facts and circumstances on a case-by-case basis.”  The announcement can be found here.

The final rule takes effect September 18, 2026. 

Any immigration applications pending, filed, or postmarked on or before September 17, 2026, will be considered under the current 2022 rule, and any use of public benefits for these applications will also be considered under the 2022 rule.

The July 17 announcement establishes the framework for the new rule but leaves many implementation questions unanswered. Advocates should look out for any additional guidance from USCIS before the September 18, 2026, effective date.

What advocates should know: At this time, it is not yet clear how USCIS will evaluate the use of public benefits under the new regulation, and which benefits will count towards public charge. Until additional guidance is issued, advocates should avoid making assumptions about which benefits may be considered in a public charge determination.

Resources

• Protecting Immigrant Families: https://pifcoalition.org/resources/library/what-changed-with-public-charge/

• Mayor’s Office of Immigrant Affairs: https://www.nyc.gov/site/immigrants/legal-resources/public-charge-rule.page