WASHINGTON, DC—Last Thursday, the Trump administration finalized rulemaking regarding the “public charge” ground of inadmissibility, a long-standing part of immigration law that can determine whether immigrant families can gain or adjust legal status in the US. The rule is scheduled to take effect 60 days following publication, on September 18, 2026.
A public charge determination is a component of immigration law that allows federal authorities to deny certain visa or green card applications to individuals deemed primarily reliant on government assistance. The term “public charge” currently refers to a person who is considered likely to become primarily dependent on government assistance; it is assessed based on prior receipt of cash assistance or government-funded long-term care. Public charge determinations are not used for citizenship applications.
Previously, only the use of cash assistance programs like Temporary Assistance for Needy Families (TANF) and long-term institutional care at government expense was considered in the public charge test. This new rule rescinds prior guidance without replacing it, providing no clear parameters for which public benefit programs could be considered as part of the public charge test in the future.
The administration has also signaled it intends to expand the scope of the test for the explicit purpose of discouraging immigrant and mixed-status families from accessing public benefits. Specifically, the preamble of the rule, which is not legally binding, indicates that the administration intends to consider any means-tested benefit as part of the public charge test. Further, the preamble indicates that public charge assessments could consider benefits used by dependent family members under certain circumstances.
The following is a statement from Georgia Machell, president and CEO of the National WIC Association (NWA):
“This change is both dangerous and cruel. Changing the rules without providing clarity is not only confusing for families, but it will also discourage them from even attempting to access the health and support services they need. This chilling effect threatens to leave at-risk families without access to healthy food and other basic needs, jeopardizing their well-being.
“The Trump Administration knows this. It is unconscionable to purposefully prevent families from accessing life-saving nutrition and care simply to weaponize hunger and health as tools of intimidation. This is not immigration enforcement—it is state-sanctioned cruelty, designed to sow fear among the most vulnerable, including pregnant women, infants, and young children, whose very development depends on consistent nourishment and medical support.
“At NWA, we believe that no family should have to forgo access to WIC for fear of impacting future immigration determinations. All families in this country deserve a healthy start, no matter how they got here. Access to food and health care is a basic human right, not a privilege to be earned through paperwork, and no child should pay the price for political ruthlessness.
“NWA will be updating our materials on public charge, and we also encourage our members to refer to these excellent resources from our partners at the Protecting Immigrant Families Coalition and the National Immigration Law Center. We stand with our partners in reaffirming that immigrant families are essential to the fabric of our communities, and we will continue to fight alongside them to ensure accurate information and trusted support reach every family in need.
“This is not just a policy choice; it is a moral failure with measurable, lifelong consequences. We urge the Trump administration to reverse this harmful decision and ensure the health and well-being of all families. And we call on Congress, state leaders, and health providers to redouble their efforts to protect and expand access to WIC and other basic needs programs.”