Client Alert: DHS 2026 Final Rule Fundamentally Changes the Public Charge Process

Following the implementation of the Department of Homeland Security’s (DHS) 2026 Final Rule on September 18, 2026, the changes made to the public charge adjudication process and its forms will directly impact how applicants’ cases are assessed. The 2026 Final Rule aligns with the Personal Responsibility and Work Opportunity Reconciliation Act’s (PRWORA) incentive in minimizing immigration to the United States for the purpose of attaining public benefits, as it restricts public health benefits for noncitizens. 

The 2026 Final Rule starts with eradicating key institutional definitions and regulations. It will begin with eliminating two Code of Federal Regulations: 

1. 8 CFR 212.21, which explicitly defines key clarifications including, but not limited to, the meaning of “public charge,” “public cash assistance for income maintenance,” and “long-term institutionalization at government expense.” Erasing these definitions creates further uncertainty and ambiguity in the public charge application process. 

2. 8 CFR 212.22, which dictates the limits of how officers can assess cases to determine admissibility. 

In addition to eliminating the regulations that ensured officers’ objectivity, the Final Rule now allows officers to utilize their own subjective discretion in judging applicants in the totality of their circumstances. As a result of this, officers and the government have the authority to ask for more information, especially about personal and familial public benefits. They are also given the right to apply their personal judgement to cases and decisions. There have been observations that there is an increase in questions asked in I-485 interviews. Clients and attorneys expect more Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). It is likely that the future I-485 forms will ask for the applicant’s use of means-tested public benefits and further personal questions relating to their need for public benefits. Although the USCIS application will likely not ask for family members’ means-tested public benefits, officers can ask questions relating to this topic in interviews, RFEs, and NOIDs, especially if the family member’s benefits financially support the applicant. Furthermore, the Final Rule may lead to an increase in data sharing between the DHS and public benefits organizations. The tension between lawful benefits and possible denial of immigration benefits grows more palpable with the establishment of the 2026 Final Rule. 

While considering the application process and materials, further decisions by the Final Rule include that disability alone is not sufficient for a public charge finding, the USCIS now lacks the authority to cancel a public charge bond at any time, and affidavits of support are no longer guaranteed to strengthen applications because officers can choose not to consider them at all.

Before September 18, 2026, benefit use will be subject to the 2022 Final Rule, which only includes cash assistance for income maintenance and long-term institutionalized care at government expense. This does not include Medicaid (with limited exceptions), SNAP/food assistance, housing assistance, and other non-cash benefits. 

In response to the 2026 Final Rule, Anderson & Associates remains resolute in our commitment to navigating these regulatory changes with vigilance, ensuring our clients receive the dedicated legal advocacy and clarity necessary to secure their immigration benefits and long-term stability in the United States. 

Source: “Practice Pointer: DHS Final 2026 Public Charge Rule Fundamentally Changes the Adjudication of Public Charge.” American Immigration Lawyers Association, 31 July 2026, https://www.aila.org/practice-pointers-alerts/practice-pointer-dhs-final-2026-public-charge-rule-fundamentally-changes-the-adjudication-of-public-charge