On July 20, 2026, the Trump Administration finalized rulemaking expanding the scope of the public charge test. The new rule, which takes effect on September 18, 2026, provides immigration officials broad discretion to deny changes in legal status to certain immigrants based on use of public benefit programs.
Most immigrants are not subject to the public charge test. Please see this resource from the Protecting Immigrant Families Coalition to learn more about when the public charge test applies.
For the first time, the new rule could allow immigration officials to consider WIC participation when assessing public charge. The administration is expected to publish additional guidance prior to the effective date of the new rule.
To learn more about the public charge rule and its implications for immigrant families, see these resources from the Protecting Immigrant Families Coalition.
PUBLIC CHARGE RESOURCES
Read our Guidance for WIC Staff on Immigration & Customs Enforcement.
Immigration Attorney Resources
Participants may have questions about immigration policy that go beyond the scope of WIC. Clinic staff may wish to encourage participants to reach out to an immigration lawyer. You can find a lawyer in your area at:
Research and Studies