The U.S. Department of Homeland Security has announced changes to the federal public charge policy that are scheduled to take effect on September 18, 2026. Because public charge is a complicated area of immigration law and does not apply to everyone, individuals should seek qualified legal guidance before changing their use of public benefits or submitting an immigration application.
What is Public Charge?
Public charge is a federal immigration rule that may apply to certain people seeking a visa, admission to the United States, or lawful permanent residence, commonly known as a green card.
Immigration officials consider the person’s overall circumstances, including age, health, family situation, financial resources, education, employment skills, and certain uses of public benefits. Receiving a benefit does not automatically mean that someone will be denied a green card or entry into the United States.
What is Changing?
Beginning September 18, 2026, immigration officials will have broader discretion to consider an applicant’s use of benefits for which eligibility is based on income or financial resources. Benefit use is only one consideration in an individualized public charge determination.
The new policy applies to applications for admission made on or after September 18, 2026, and applications for adjustment of status postmarked or submitted electronically on or after that date.
Public charge does not apply to everyone. According to the MIRA Coalition, it does not apply to U.S. citizens or people applying for certain humanitarian immigration protections, including Temporary Protected Status, U or T visas, asylum, refugee status, or Special Immigrant Juvenile status. It may apply to some people seeking a family-based green card and certain permanent residents returning to the United States after being outside the country for more than six months.
Before taking any action, individuals should speak with an experienced immigration attorney to determine whether public charge applies to their circumstances. Community members should not stop receiving health care, food, housing, or other assistance solely because they have heard about the new rule.
Official Government Information
Read the U.S. Citizenship and Immigration Services public charge guidance and the DHS final rule in the Federal Register.
Community and Multilingual Resources
The MIRA Coalition’s Public Charge Community Update provides Massachusetts-focused information, a recorded webinar, and downloadable materials in English, Spanish, Portuguese, and Haitian Creole.
The Protecting Immigrant Families Coalition offers a community-facing “Public Charge: Does This Apply to Me?” handout in English, Arabic, Chinese, French, Haitian Creole, Korean, Spanish, Tagalog, and Vietnamese.
Additional immigration assistance and legal-aid resources are available through the Massachusetts Legal Resources Finder and the American Immigration Lawyers Association’s lawyer-search service.
This information is provided for educational purposes and is not legal advice. Immigration policies and court decisions can change. Individuals should consult a qualified immigration legal-services provider about their particular circumstances.




























































