Published October 27, 2026
Every Marylander should be able to put food on the table without fear that seeking help could jeopardize their future.
Changes made by the Department of Homeland Security to the public charge final rule create another barrier to food security for immigrant and mixed-status families in Maryland. By expanding how public benefits may be considered in certain green card applications and visa determinations, the policy leaves families uncertain about whether seeking help with food, health care, housing, and other essential needs could affect their pathway to lawful permanent residence (“LPR” or “green card”).
Public charge is an immigration test used in certain visa and green card decisions to assess whether an applicant is likely to depend on government support in the future.
For families already stretching their grocery budgets, the harm begins before they even apply for LPR status. Fear and confusion discourages families from seeking assistance for which they qualify. It creates a “chilling effect” that leaves households with fewer resources for food and greater stress about meeting basic needs. Policies that deter families from accessing essential support undermine efforts to end hunger in Maryland. When families are afraid to seek the support they need, the consequences can extend beyond the dinner table, affecting their health, financial stability, and overall well-being.
The public charge final rule, which took effect September 18, 2026, removes important protections established by the 2022 public charge rule under the Biden administration. The 2026 final rule grants immigration officials greater discretion to consider public benefits when reviewing family-based and employment-based green card applications. In addition to removing protections previously available, the new rule lacks regulatory language that clearly defines which benefits immigration officials may consider when making a public charge determination.
SNAP, WIC, and the Risks of Broader Scrutiny
Prior to September 18, 2026, the only benefits that immigration officials were allowed to consider were cash assistance, such as Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI), and long-term institutionalization paid for by the government. The new rule removes the language that limits consideration of these two kinds of benefits and fails to provide a list of excluded or included benefits.
Under the new guidance, immigration officials are no longer limited to considering cash assistance and government-funded long-term institutionalization. The final rule allows officials to consider a broader range of “means-tested public benefits,” including food assistance programs like the Supplemental Nutrition Assistance Program (SNAP) and Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). A benefit is considered means-tested when eligibility is dependent on an individual’s income or assets falling below a specified level.
According to the National Immigration Law Center’s (NILC) public charge FAQ, immigration officials may consider government-funded means-tested benefits, including SNAP and the WIC, when reviewing applications subject to the public charge test. However, it remains unclear whether participation in school meal programs would be considered in a public charge determination. Schools that participate in the Community Eligibility Provision (CEP) generally provide meals to all students without requiring household income applications, which may reduce concerns about school meals being treated as an income-based benefit. For non-CEP schools, the potential impact is less clear because eligibility for free or reduced-price meals is income-based.
Immigration officials must assess an applicant’s overall circumstances in their totality, including but not limited to: age, health, family circumstances, financial resources, education, skills, and affidavits of support. Receiving public benefits alone should not determine the outcome. However, the guidance also grants immigration officials discretion to consider any factors they deem relevant to make a public charge determination.
The new guidance also weakens protections for families whose dependents receive means-tested assistance. Although immigration officials do not automatically count a dependent’s benefits as the applicant’s own, they may still consider those benefits if they help support the applicant or if the applicant is legally responsible for supporting the dependent. This broader scrutiny creates another barrier for families seeking support to meet basic needs.
The rule is not retroactive. The application’s filing date determines which public charge rules apply:
- Green card applications filed before September 18, 2026: The new DHS rule does not apply. Applicants are subject to the 2022 public charge rule.
- Applications filed on or after September 18, 2026: Additional means-tested benefits received on or after September 18, 2026, may be considered. Earlier cash assistance and government-funded long-term institutionalization may also be considered.
These changes make access to guidance essential for families making decisions about SNAP and WIC.
Public Charge Does Not Apply to Every Immigrant
Clear information about who is exempt can help prevent fear and confusion from keeping eligible families from seeking assistance.
U.S. citizens are not subject to public charge, and the test does not apply to citizenship applications. Federal law also provides exemptions for refugees, asylees, Violence Against Women Act self-petitioners, qualifying T and U visa applicants, and Special Immigrant Juveniles. Whether an exemption applies depends on the specific immigration pathway through which a person is applying. This list is not exhaustive.
Applications for temporary protected status (TPS) or Deferred Action for Childhood Arrivals (DACA) also do not trigger a public charge test. However, applying for a green card through another pathway could potentially subject the applicant to a public charge test. Green card renewals generally do not involve the test, but in some circumstances involving travel outside the U.S. for an extended period may.
The Chilling Effect Is Creating Hunger
For an immigrant, these policy distinctions can be difficult to navigate. An immigrant or mixed-status family may know that a child qualifies for assistance and still hesitate because they cannot get a clear answer about possible consequences to their immigration status.
As more Marylanders, particularly humanitarian immigrants, lose access to public benefits as a result of H.R. 1, the public charge test may further exacerbate food insecurity by intensifying fears about accessing the benefits that remain available to immigrants and mixed-status households. The combination of reduced program eligibility and heightened concerns about immigration consequences may discourage otherwise eligible families from seeking assistance, creating additional barriers to food security and family well-being.
When households forgo food assistance, parents face harder choices between buying groceries and paying for rent, utilities, transportation, and other necessities. The result is pushing families deeper into poverty and towards a higher risk of hunger even when family members qualify for support.
Access to nutritious food should never depend on a family’s ability to navigate fear and policy shifts. Maryland must stand with immigrant communities and protect the supports that help our immigrant children, parents, and neighbors thrive.
Maryland Hunger Solutions can help screen households for SNAP and WIC eligibility, explain available options, and assist with SNAP application questions. We can also connect households to other food resources if they are ineligible for SNAP or prefer not to apply. Contact SNAPoutreach@mdhungersolutions.org or call our toll-free hotline 1 866- 821-5552 for support.
Updated materials on public charge are available through PIF’s Public Charge Regulation Toolkit and NILC’s public charge resources.
This blog provides general information, not legal advice. If you have specific questions about how SNAP or WIC participation may affect your immigration status, please consult a qualified immigration attorney for legal advice.