A major shift in U.S. immigration policy is now in effect, reshaping how the government evaluates certain applicants for permanent residence. On September 18, 2026, the U.S. Department of Homeland Security (DHS) officially rescinded the Biden-era 2022 public charge regulations, returning to a stricter, broader framework. 

For immigrant families across Maine, understanding who is impacted by this change—and, crucially, who is safe from it—is essential to making informed decisions about healthcare, food assistance, and legal pathways.

What is the new public charge rule?


The “public charge” test is a long-standing component of U.S. immigration law used to determine whether an applicant is likely to become dependent on government support. Under the previous 2022 framework, immigration officers used a narrow definition, only penalizing applicants who relied primarily on cash assistance (like SSI or TANF) or long-term institutional medical care at the government’s expense.

The new rule expands this evaluation significantly. For any Form I-485 application for adjustment of status submitted on or after September 18, 2026, U.S. Citizenship and Immigration Services (USCIS) officers hold much broader discretion. Officers now consider a wide range of means-tested benefits. This includes nutrition assistance through SNAP, public or assisted housing, non-emergency Medicaid, and even financial aid for postsecondary education. Furthermore, officers look at the “totality of circumstances,” weighing personal factors like age, health, household size, and language skills alongside whether the applicant has a financial sponsor.

Who is completely exempt?

ADVERTISEMENT


Amid the anxiety surrounding these changes, the most critical message for Amjambo Africa readers is that refugees and asylees are completely exempt from the public charge rule. Under federal statutory law, Congress explicitly shields humanitarian categories from public charge determinations.

If you entered the United States as a refugee or were granted asylum, the new rule does not affect you when you apply for your green card. USCIS officers will not look at your income, assets, or use of public benefits during your adjustment of status. You can safely continue using SNAP, MaineCare, housing vouchers, or cash assistance without any threat to your legal residency.

Other protected groups who are entirely exempt include individuals applying for or holding Temporary Protected Status (TPS), T and U visa holders (survivors of human trafficking and severe crimes), self-petitioners under the Violence Against Women Act (VAWA), and Special Immigrant Juveniles (SIJS). 

Additionally, the public charge test never applies to U.S. citizens or to existing lawful permanent residents (green card holders) who are simply renewing their cards or applying for citizenship.

Who is affected?


The new standard primarily targets individuals applying for green cards through family-based petitions (such as marrying a U.S. citizen or being sponsored by a relative) or certain employment-based pathways.

For these applicants, any means-tested benefits received on or after September 18, 2026 could negatively impact their case. Notably, benefits used by family members may also be scrutinized if the applicant is legally responsible for supporting that household member and the benefit was granted based on the applicant’s income. However, benefits used by a child who is a U.S. citizen (such as CHIP or school lunches) remain safe and generally do not count against an immigrant caregiver’s application.

Next steps and legal resources


Community advocates emphasize that changes to the public charge rule do not alter anyone’s eligibility to receive public benefits; they only change how those benefits affect future green card applications. Families should not hastily disenroll themselves from vital healthcare or nutrition programs without proper guidance.

Because this rule gives officers wider discretion, individual cases can vary wildly. If you are navigating a family-based immigration process, consult a trusted legal advocate. 

Editor’s note: A USCIS website information was used to compile this explainer.