Note: Many immigrants never face a public charge test, including refugees, asylees, and most people who already have a green card. It is important to find out whether the rule applies before making decisions about SNAP or other benefits.
SNAP & Public Charge
A new public charge rule started on September 18, 2026.
The new rule from the Department of Homeland Security (DHS) rescinds a 2022 DHS rule that excluded public benefit programs related to health care, nutrition, and housing from public charge determinations. The new rule allows immigration officers to consider a wider range of public benefit programs when evaluating a green card applicant for public charge.
The rule applies to green card applications submitted on or after September 18, 2026. Applications submitted before that date will be evaluated under the 2022 rule, which allows immigration officials to consider only cash assistance, such as TANF, SSI, and Safety Net Assistance, and long-term care paid for by the government. For applications submitted on or after September 18, officials can also consider other benefits, such as SNAP, but only if they were used on or after that date.
By law, immigration officers must consider an individual’s full circumstances, including age, health, income, and education, and should not automatically deny a green card application based solely on participation in SNAP or any other public benefit program.
The New York State Office for New Americans Hotline (1-800-566-7636) offers free, confidential help and referrals to immigration legal services in more than 200 languages. In New York City, clients can also call 311 and say “Immigration Legal.”
Multiple plaintiff groups have filed lawsuits challenging the rule in federal court. Please check back for updates.
What is Public Charge?
“Public charge” is a test in federal immigration law used to determine whether certain non-citizens can enter the country or become lawful permanent residents (LPR status or green card). The test mainly applies to people seeking a green card through a family member.
The United States Citizenship and Immigration Services (USCIS) defines “public charge” as someone likely to become primarily dependent on the government for basic support. If an immigration official determines that someone is likely to become a public charge, the government can deny their application for entry to the United States or for lawful permanent resident status.
Resources
NYC Mayor’s Office of Immigrant Affairs — Visit MOIA’s public charge webpage or call the Immigration Legal Hotline at 1-800-354-0365, Monday to Friday from 9 a.m. to 6 p.m., for timely and trusted information and connections to city-funded, free, and safe immigration legal help.
NYS Office for New Americans — Provides free assistance to all immigrants in New York State through a statewide network of community-based providers. Call the New Americans Hotline at 1-800-566-7636 for anonymous, multilingual referrals to ONA’s programming. Flyer: Know Your Rights (available in multiple languages).
Protecting Immigrant Families (PIF)
- Public Charge Toolkit
Factsheets, resources, and educational materials for advocates and communities, including: - 2026 DHS Public Charge Rule FAQ
Keep Your Benefits — An online screening tool to help community members and legal practitioners understand public charge applicability.
National Immigration Law Center — Who Is Subject to Public Charge?
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