New Public Charge Policy Threatens Legal Immigration and Public Benefit Enrollment

By Lyra Dvorin ’28

On Friday, September 18, the United States Citizenship and Immigration Services (USCIS) implemented a new immigration policy regarding immigration officials’ capacity to deny green cards, visas, or general entry to the United States. Under the 2022 Public Charge rule, as per Congress.gov, “a noncitizen (alien) who is likely to become a public charge is deemed inadmissible, or ineligible to be admitted to the United States as a lawful permanent resident (LPR or green card holder).” The Trump administration’s rule change expanded the potential reasons which immigration officials can cite to block or disqualify applicants based on an immigrant’s current or potential future reliance on public benefits, as the USCIS report on policy explained. Such public benefit programs include Medicaid and the Children’s Health Insurance Program (CHIP), which provide free or low-cost health coverage to eligible low-income families and individuals; the Supplemental Nutrition Assistance Program (SNAP), which provides financial support for families to acquire nutritious food, housing assistance, and even school lunch programs. The New York Times emphasized that this policy is the latest in a line of Trump administration attempts to restrict legal immigration and deter immigrants from enrolling in welfare benefit programs.

Twenty-two states sued to prevent the policy’s implementation following its initial announcement. As CNN relayed, New York State Attorney General Letitia James explained that the rule “means immigrant[s] … may be forced to ask themselves impossible questions: ‘Will getting health insurance hurt my chances of getting a green card? Will accepting food assistance when I fall on hard times be held against me?’” A KFF analysis further discovered that the updated policy could urge between 1.4 million and 4.1 million current Medicaid and CHIP members to disenroll in the programs, including between 560,000 and 1.7 million citizen children.

The suing states additionally cited that they would lose billions of dollars worth of federal funding if immigrants, in fear of losing their legal immigrant status, disenroll from public programs. The Department of Homeland Security (DHS), a federal government department dedicated to protecting the U.S. from threats such as terrorism and border insecurity, released statistics revealing that the policy could cost states up to $4.05 billion and $1 billion annually in Medicaid/CHIP and SNAP funding, respectively.

Reuters reported that members of the lawsuit also claimed that the DHS was exceeding its authority with the new policy, as Congress has not updated or expanded the definition of “public charge” — an immigrant likely to be reliant on public benefits. Surpassing the legislative branch’s power on this issue directly conflicts with the checks and balances system in the United States Constitution, a contention that many states are bringing up in court.

Following a recent Trump administration decision to end Temporary Protected Status (TPS) for a number of previously protected immigrants, the public charge rule update came at an already vulnerable time for many immigrants. TPS is a federal humanitarian program founded in 1990 that gives protected immigrants the ability to remain in the United States for up to 18 months. As many of the same immigrants who rely on public benefits are TPS members, the coupling of these laws is particularly troublesome. PEW Research Center found that the new changes that ended or moved to end TPS for many groups have affected up to 1 million immigrants already. Additionally, the Supreme Court ruled in June of 2026 (Mullin v. Doe) that courts cannot dictate how the DHS ends or grants TPS, making it increasingly likely for the Trump Administration to end TPS entirely. The compounding effects of TPS changes and the public charge policy implementation have put increased pressure on immigrants.

Millions of immigrants now brace for the impact of the public charge rule, while others will be deterred from attempting to enter the country—even when seeking asylum—because of the rule. Meanwhile, the Trump administration continues to tighten legal immigration restrictions, making it progressively more difficult for immigrants to attain visas, green cards, and general asylum in the United States.