The Department of Homeland Security (DHS) published a final rule on changes to the Public Charge process on Thursday, July 16 that is scheduled to be implemented on Friday, September 18. Simply put, the public charge process is a federal government review of certain applications for a green card (permanent residency) to determine if the applicant is likely to primarily rely on the government for support in the future, with use of public benefits as part of the determination. The new rule removes clarity from the public charge process while giving immigration officers broad discretion to consider essentially any factors in deciding whether to grant or deny a green card. The American Immigration Council has a summary of the rulemaking. NLADA submitted a comment in opposition to the proposed rulemaking last December.
To avoid sowing fear and confusion among immigrant communities, there is a need for clear messaging on what the rule will and will not do and what we do not know yet about its implementation. Notably, the Public Charge rule does not apply to most immigrants, and the new rule does not change who is subject to the Public Charge process. DHS has said that implementation of the new public charge rule will not be retroactive, will not apply to anyone who applies for public benefits before September 18, 2026, and will not consider public benefits received before September 18, 2026.
The Protecting Immigrant Families (PIF) Coalition has a collection of resources on the new Public Charge rule, including community talking points and a “Does This Apply to Me?” toolkit to help green card applicants determine whether they are part of the groups affected by the rulemaking.
NLADA Mutual Insurance Co., RRG
