Published July 24, 2026

This week, the Department of Homeland Security (DHS) released a new public charge rule that is likely to increase fear and uncertainty among immigrant and mixed-status families, including families already struggling to afford food. 

The rule is scheduled to take effect on September 18, 2026. Until then, the 2022 public charge rule remains in effect.  

While the final rule is 152 pages long, much of it consists of explanatory preamble language which is not legally binding. Because the rule itself provides limited detail, families and advocates have less clear guidance than they had under the prior policy.  

DHS is also expected to provide policy guidance before the rule’s implementation, which will hopefully provide clarity.  

Here is what anti-hunger advocates should know at this time. 

What is Public Charge? 

Public charge is a long-standing immigration policy used to determine whether certain individuals applying for a visa or lawful permanent residence (a green card) are likely to become primarily dependent on the government for support. 

In making this determination, immigration officials are directed to review the totality of a person’s circumstances, including their age, income, health, education, or skills, and their sponsor’s affidavit of support. They may also consider the person’s use of certain programs and public benefits.  

What Programs Are Included in Public Charge Determinations? 

Under longstanding policy, including the 2022 public charge rule, only 1) cash assistance for income maintenance such as TANF and 2) long-term institutional care at government expense could be considered in a public charge determination. 

The new rule does not identify which public benefits may be considered. However, the rule’s preamble states that DHS intends to consider participation in means-tested public benefit programs. Means-tested programs are those that limit eligibility to individuals and families whose incomes and/or assets fall below a predetermined threshold (means test). This could potentially include SNAP, WIC, and child nutrition programs in public charge determinations to this: This could potentially include SNAP and other federal nutrition programs.

Who Does Public Charge Apply to? 

The public charge test applies only to certain immigrants applying for admission to the United States or for lawful permanent residence. It does not apply to everyone. Public charge applies to a very limited group of immigrants and does not apply to humanitarian-based immigrants, such as refugees and asylees. Learn more: Protecting Immigrant Families: Public Charge: Does this Apply to Me? 

Under the new rule, immigration officers may, in limited circumstances, consider certain public benefits received by family members, although it remains unclear when or how this provision will be applied.  

However, public charge policies have historically created a broader chilling effect, causing many immigrant and mixed-status families – including those not subject to the public charge test — to avoid nutrition and other public benefit programs out of fear. 

 

What Can Advocates Do Now? 

  • Urge your Members of Congress to take action by passing the Protect American Values Act, which is legislation that blocks the implementation of the final public charge rule. This bill prohibits the use of any federal funds to implement, administer, enforce, or carry out the new Department of Homeland Security (DHS) final rule on public charge. 
    • Advocates can support this effort by calling their members of Congress and urging them to cosponsor the bill.  
    • Endorse this legislation by filling out this form. This will let Sen. Hirono and Rep. Chu, who introduced the bill, know that your organization supports it.. As a reminder, when an organization endorses a bill, it is publicly stating that: the organization supports the general policy objectives of the bill; the bill generally aligns with the organization’s mission or priorities, and the organization is aware that its name may be used publicly in connection with the legislation. An endorsement does not automatically mean that the organization must take further action or commit additional resources to support and/or pass it. The deadline to endorse before introduction is EOD Friday, July 24. 
  • Stay informed and share accurate information:  
    • Combat the chilling effect through clear messaging and by connecting with community-based organizations.   
    • The 2022 rule is in effect until September 18, 2026. 
    • Public charge is more than just benefits: age, health, income, work history, and education are also federally required to be considered.  
  • Support Households With Clear and Respectful Guidance  
    • Acknowledge that fear is real and valid. The administration’s actions have created genuine uncertainty, and families may make decisions based on their own risk assessments. Advocates must respect these decisions while providing accurate information.  
    • Advocates are working hard to fight this rule, but if you think the public charge rule could apply to you, talk to a legal representative before applying for benefits. Always do what is best for your family. 

Additional Resources 

FRAC will share additional analysis and resources as DHS releases implementation guidance. 

For current public charge resources, including FAQs and community education materials, visit Protecting Immigrant Families. 

Read FRAC’s statement.