Green Card Applicants Can Now Face Rejection Over Medicaid, Food Stamps and School Lunch Use

New Public Charge Rule Takes Effect

Immigrants applying for permanent residency in the United States now face a broader assessment of their use of government benefits under a new “public charge” rule that took effect on September 18, 2026.

The rule allows US immigration officers to consider a wider range of means-tested public benefits when deciding certain green-card applications. These can include Medicaid, food assistance such as the Supplemental Nutrition Assistance Program (SNAP), school lunch programmes and other forms of government assistance.

However, receiving one of these benefits does not automatically result in a green-card denial. Instead, immigration officers have discretion to consider the benefit as one factor in the overall circumstances of an applicant.

What Is the Public Charge Rule?

The “public charge” concept is part of long-standing US immigration law. It concerns whether a person seeking admission or adjustment of status is likely to become dependent on government support.

Under the previous Biden-era regulation, the benefits that could generally be considered were much narrower. USCIS said the 2022 regulation limited officers' ability to consider a broader range of relevant public benefits.

The Trump administration rescinded that regulation in July 2026. The replacement approach gives officers greater discretion to examine the totality of an applicant's circumstances.

Medicaid and Food Stamps Can Now Be Considered

One of the biggest changes is the treatment of non-cash benefits.

Under the new framework, immigration officers can consider participation in programmes such as Medicaid and SNAP when relevant to a public-charge determination.

The Federal Register states that officers may consider whether SNAP was received or applied for after the rule's effective date, along with factors such as the duration and recency of the benefit and the applicant's employment, financial resources, health, family circumstances, education and skills.

This means that the use of SNAP or Medicaid is one factor among several, rather than an automatic disqualifier.

Free School Lunch Programmes Are Also Covered

School nutrition programmes have also become part of the broader assessment.

The final rule says officers have discretion to consider participation in school lunch or summer food programmes when relevant to the applicant's circumstances.

DHS acknowledged concerns raised during the rule-making process about the possible impact on school meal participation. The department said the rule does not change eligibility requirements for school lunch programmes themselves.

Instead, the change concerns how participation may be considered in certain immigration cases.

Green Card Rejection Is Not Automatic

The headline around the rule can make it appear that using Medicaid or food stamps automatically leads to a rejected green-card application. That is not how the new standard is structured.

The Federal Register describes a “totality of the circumstances” assessment.

An officer can consider public-benefit use alongside factors including:

• Employment and employment prospects

• Age

• Health

• Family circumstances

• Assets and financial resources

• Education

• Skills

• Duration and frequency of benefit use

• Recency of receiving benefits

• Whether several benefits were used together

The ultimate question is whether the applicant is likely at any time to become a public charge.

What Changed From the Earlier Rules?

The Biden-era 2022 regulation had narrowed the public-charge assessment. USCIS said the regulation restricted which public benefits could be considered.

The new rule removes those regulatory restrictions and returns greater discretion to immigration officers.

Previously, the assessment generally focused on certain cash assistance programmes and government-funded long-term institutional care. Non-cash programmes such as Medicaid and food assistance were generally outside the public-charge test.

The new framework expands the potential range of benefits that can be relevant.

The Rule Applies to Certain Green Card Applicants

The public-charge ground does not apply to every immigrant or immigration category.

According to reporting on the new rule, it can affect certain people seeking permanent residence through adjustment of status, including some family-based and employment-related applicants.

Some categories, including refugees and asylees, are excluded from the public-charge ground. Applicants therefore need to consider the rules applicable to their particular immigration category rather than assuming the same standard applies to everyone.

Benefits Received Before the Effective Date

The timing of benefit use is also important.

The new rule took effect on September 18, 2026. The Federal Register specifies that officers may consider relevant benefits received or applied for on or after the effective date.

This means the expanded framework is not simply a blanket reassessment of every benefit an applicant has ever received. The timing and circumstances of benefit use can form part of the officer's assessment.

Mixed-Status Families Could Be Affected

The rule has generated particular concern among families in which members have different immigration or citizenship statuses.

For example, a household may include a noncitizen seeking permanent residency and US-citizen children who qualify for certain government programmes.

States challenging the rule argue that the policy could discourage families from using benefits for which they are legally eligible because of concerns about future immigration applications.

The administration, however, argues that the policy is intended to reinforce the principle that immigrants should be self-sufficient and not dependent on taxpayer-funded benefits.

States and Cities Sue the Federal Government

The new rule is already facing legal challenges.

A coalition led by New York, along with 21 other states and the District of Columbia, filed a lawsuit challenging the policy. Separate litigation has also been brought by local governments.

The challengers argue, among other things, that the broad discretion provided to immigration officers could create uncertainty about which benefits might affect applicants and could discourage eligible families from seeking assistance.

As of the rule's effective date, the litigation had not prevented the rule from taking effect. The legal challenges could nevertheless affect how the policy is implemented in the future.

Why the Rule Matters to Immigrant Families

The policy could have consequences beyond individual green-card applications.

The Department of Homeland Security has estimated that the rule could lead hundreds of thousands of people to avoid or leave public-benefit programmes. The department has estimated an annual reduction in federal and state benefit payments of about $13 billion as a result of people changing their participation in safety-net programmes.

Critics of the rule have argued that uncertainty could discourage eligible immigrants and mixed-status households from accessing healthcare, nutrition assistance and other programmes.

The administration maintains that the policy is intended to reduce reliance on government benefits and reinforce self-sufficiency.

What Green Card Applicants Should Know

Applicants should not assume that receiving Medicaid, SNAP or another listed benefit automatically means their application will be denied.

The new framework requires consideration of the applicant's overall circumstances. The relevance of a particular benefit can depend on factors such as the applicant's financial position, employment prospects, family situation and the nature and timing of the benefit received.

Because immigration cases can differ significantly, applicants with concerns about public-benefit use may need case-specific advice from a qualified US immigration attorney or accredited legal representative.

Public Charge Rule Has a Long History

The public-charge concept is not new.

The United States has had a public-charge policy dating back to the 19th century. The rules governing how the concept is applied, however, have changed significantly over time.

The Trump administration previously introduced a broader public-charge rule in 2019. That policy faced extensive litigation and was subsequently rescinded during the Biden administration, which introduced the narrower 2022 regulation.

The 2026 change therefore represents another major shift in how public benefits may be considered in certain immigration decisions.

What Happens Next?

The immediate issue is how USCIS officers will apply the broader discretion in individual cases and how federal courts will address the ongoing lawsuits.

The rule does not create a simple list in which use of a particular benefit automatically results in rejection. Instead, immigration officers are expected to examine the totality of an applicant's circumstances.

Future court decisions could also modify, suspend or otherwise affect implementation of the rule.

Key Changes at a Glance

IssueEarlier approachNew 2026 approachMedicaidGenerally outside public-charge assessmentCan be considered in relevant casesSNAP/food stampsGenerally outside assessmentCan be consideredSchool meal programmesGenerally outside assessmentCan be consideredCash assistanceCould be consideredCan be consideredLong-term institutional careCould be consideredCan be consideredAssessmentMore limited under 2022 ruleBroader, case-by-case assessmentAutomatic denialNoNo; benefits are factors in the overall assessmentEffective date—September 18, 2026

Bottom Line

The expanded US public-charge rule has taken effect, giving immigration officers broader discretion to consider public-benefit use when evaluating certain green-card applications.

Medicaid, SNAP, school lunch programmes and other means-tested benefits can now potentially form part of the assessment. But using these programmes does not by itself guarantee a green-card rejection. Officers are instructed to consider the totality of an applicant's circumstances, including finances, employment, health, family situation, education and other factors.

The policy is already being challenged in federal court by states and local governments, while the Trump administration says the rule is intended to reinforce immigrant self-sufficiency. The outcome of the litigation could determine how the expanded public-charge standard develops.