With the September 18th effective date for
changes to the immigration policy known as “public charge” looming, a coalition
of 22 states and the District of Columbia, along with a separate coalition of
cities and counties led by New York City, sued the Trump Administration on
September 14th in an attempt to stop the changes from going into
effect.
2026 Final Rule and Revised Policy Manual
On July 20th, the Department of Homeland Security (DHS) issued a Final Rule (2026 Final Rule) rescinding the 2022 public charge regulations and changing what immigration officers can consider when determining whether an individual is likely to become dependent on the government for subsistence (referred to as a “public charge”). The 2026 Final Rule removed definitions and structural limits imposed by the 2022 rule, giving immigration officers broad discretion to weigh both the receipt of, and any application, certification, or approval for, any means-tested public benefit, including Medicaid, CHIP, WIC, and similar health and nutrition programs, when evaluating applications for lawful permanent residence. More information on the 2026 Final Rule is available in our previous Powers Knowledge Drop.
On August 18th, the U.S. Citizenship and Immigration Services (USCIS), a component agency of DHS, issued a Policy Alert revising Volume 8, Part G of the USCIS Policy Manual. The updated guidance is intended to assist immigration officers when making public charge inadmissibility determinations under the new framework.
Both the 2026 Final Rule and the Policy Manual [1] go into effect September 18th.
On August 18th, the U.S. Citizenship and Immigration Services (USCIS), a component agency of DHS, issued a Policy Alert revising Volume 8, Part G of the USCIS Policy Manual. The updated guidance is intended to assist immigration officers when making public charge inadmissibility determinations under the new framework.
Both the 2026 Final Rule and the Policy Manual [1] go into effect September 18th.
Legal Challenges
On September 14th, two separate lawsuits challenging the 2026 Final Rule were filed in the U.S. District Court for the Southern District of New York. One lawsuit was brought by 22 states and the District of Columbia [2]; the other lawsuit was brought by a group of cities and counties [3]. The Plaintiffs in both cases are seeking to block the implementation and enforcement of the 2026 Final Rule.
Next Steps for Health Centers
Health centers should:
- Train frontline staff on what public charge means, including who is and who is not subject to the public charge rule.
Key Resource: National Immigration Law Center: Public Charge Applicability Table for Advocates
- Review staff scripts and patient forms to ensure they collect only the information necessary for care and billing.
- Connect patients with reliable resources, such as referrals to qualified immigration legal services organizations.
[1] The USCIS Policy Manual (available here) is expected to be updated on September 18th. Until then, the 2022 Policy Manual is available at the link for the Policy Manual.
[2] Illinois, California, Connecticut, Maryland, Massachusetts, Colorado, Delaware, District of Columbia, Hawaii, Maine, Michigan, Minnesota, Nevada, New Jersey, New York, New Mexico, Oregon, Pennsylvania (through Governor Shapiro’s office), Rhode Island, Vermont, Virginia, Washington, and Wisconsin.
[3] City of New York, City of Chicago, City and County of San Francisco, County of Santa Clara, and City of Seattle, and Martin Luther King, Jr. County.
Contact us to learn more:
MOLLY EVANS
molly.evans@powerslaw.com
Dianne Pledgie
dianne.pledgie@powerslaw.com
