New US rule restricts Green Cards for immigrants relying on public benefits

The U.S. Department of Homeland Security (DHS) has introduced a new rule that will significantly impact immigrants seeking permanent residency, commonly known as a Green Card. Effective September 18, 2026, immigration officers will have increased discretion to deny Green Card applications if they believe an applicant is likely to become a "public charge" – meaning they might rely on government assistance such as Medicaid, food stamps, or housing.

This new regulation replaces the 2022 public charge rule, which DHS stated was inconsistent with congressional intent and overly restrictive. The department aims to restore broader authority for immigration officers to consider all relevant facts and circumstances when evaluating an applicant's potential dependency on government support. USCIS will also be publishing a revised Form I-485, and older versions submitted after the effective date will not be accepted.

The policy echoes measures taken during the Trump administration, which first promoted a similar rule in 2018. At that time, immigrant rights advocates criticized the policy, labeling it a "wealth test." The Trump administration implemented the rule in February 2020, but it was later reversed by the Biden administration.

U.S. Citizenship and Immigration Services stated that the new rule reaffirms the "requirement of self-reliance, protecting public resources and ending policies that encouraged dependency on the backs of hard-working American taxpayers." The move signals a renewed focus on ensuring that immigrants coming to the U.S. are self-sufficient and do not place a significant burden on public resources.

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The federal government “is reaffirming the requirement of self-reliance, protecting public resources and ending policies that encouraged dependency on the backs of hard-working American taxpayers,”