January 2026 Addendum: Reinstatement of Broad Discretionary Rules
In late 2025 with the introduction of a new Notice of Proposed Rulemaking (NPRM), the Department of Homeland Security (DHS) has adopted a new standard under which consular and USCIS officers now have expanded authority to consider the receipt of any type of public benefit — including non-cash programs like SNAP, CHIP, and various housing subsidies — as part of a “totality of the circumstances” test. Furthermore, effective January 21, 2026, the Department of State has indefinitely paused the issuance of immigrant visas for nationals from 75 countries specifically to conduct a “comprehensive reassessment” of financial self-sufficiency and public charge risks.
This new framework significantly increases the weight placed on an applicant’s age, health, family status, and financial assets. While humanitarian categories such as asylees and refugees remain exempt, most family-based and employment-based applicants must now navigate a much more subjective adjudication process where officers can deny a green card based on the perceived likelihood of future benefit use. Applicants are strongly advised to consult the USCIS Public Charge resources and monitor the Department of State’s visa news for the most recent list of affected countries and updated sub-regulatory guidance.
(The following article was written in 2022, please consult with an immigration attorney for up-to-date information on the current status of this or any other immigration program)
On August 14, 2019, the Department of Homeland Security under President Trump announced new rules for immigration officials to decide if an individual is inadmissible to the U.S. based on the likelihood of them becoming public charges. What this means is that the federal government now has the power to prevent certain individuals from entering the U.S. or granting them permanent resident status (i.e. a green card) based on the probability of him or her using programs such as the Supplemental Nutrition Assistance Program (SNAP), non-emergency Medicaid, or any number of housing assistance programs.
These changes are designed to create new barriers to getting a green card or entering the U.S. to anyone who is deemed unable to support him or herself without assistance from the government. Although public charge determinations for immigration purposes were in place before the Trump administration, the previous policy did not consider programs such as CHIP, Medicaid, or other non-cash assistance programs when determining public charge eligibility. All this is due to change, however, under the new much stricter public charge rules announced by the Trump Administration on August 14, 2019.
Who Do These Changes Affect?
The new rule will affect individuals applying for permanent resident status (i.e. becoming a green card holder) and other individuals applying to immigrate to the U.S. from abroad. Additionally, officers can evaluate you based on your age, education, skills, and family income to deny you for perceived likelihood of becoming a public charge in the future. Certain immigrant groups such as asylees, refugees and other humanitarian immigrants remain exempt from the updated August 14 public charge determination rules. Permanent residents (green-card holders) seeking to obtain citizenship are also exempt from the new public charge policies.
Do you have any concerns about this rule change? Are you worried that it could affect you or your loved ones’ application filings? Please contact a qualified immigration attorney and get the guidance you need.