New public charge policy: What immigrants in the U.S. need to know
A new regulation promoted by the administration of President Donald Trump goes into effect this Friday, establishing stricter criteria for denying permanent residency to immigrants who receive state aid. The measure seeks to ensure that foreigners residing in U.S. territory possess economic self-sufficiency and do not depend on taxpayer-funded benefits.
What does the public charge rule imply?
Public charge is a legal term that allows immigration authorities to declare a person inadmissible. This means that a visa or permanent resident card (green card) can be denied if there is a high probability that the applicant will depend on government benefits in the future.
Who does this regulation affect?
According to Alofoke Deportes, this policy focuses specifically on:
- Applicants for permanent residence through family petitions (spouses, children, parents, or siblings).
- Individuals processing their legal status through employment-based petitions.
It is important to highlight that groups with special protections, such as refugees, asylees, U or T visa holders, and those who qualify under the VAWA Act or Special Immigrant Juvenile Status (SIJS), are exempt from this regulation.
Evaluation criteria and discretion
The new guidance grants immigration officers greater discretion to evaluate each case. Among the factors that will be taken into account to determine whether an individual represents a public charge are:
- Use of public benefits, including cash assistance, subsidized housing, food aid, and government health services.
- Economic situation of immediate family members, if the applicant is responsible for their support.
- Personal profile: age, household size, current health status, and credit history.
Having a sponsor does not guarantee automatic approval, as U.S. Citizenship and Immigration Services (USCIS) retains the authority to determine whether, despite this, the applicant is at risk of becoming a public charge.
Key dates for applicants
The directive goes into effect on September 18, 2026. All petitions filed on or after that date will be evaluated under the new scheme. Applications with a submission date or postmark prior to September 17, 2026, will continue to be processed under the previous standards.
Expert recommendations
Given this landscape, immigration law experts suggest that applicants:
- Present solid evidence of employment stability and financial capacity, such as savings, property, or investments.
- Have private health insurance that demonstrates that public funds will not be used in case of an emergency.
- Stay informed about ongoing legal proceedings, as various jurisdictions, such as New York, have initiated legal challenges to block the implementation of this rule, arguing that it could be classified as discriminatory.
