New Public Charge Guidance Leaves Key Questions Unanswered, Likely Deepening Chilling Effects Among Immigrant Families Authors: Drishti Pillai and Samantha Artiga Published: Nov 5, 2026

https://www.kff.org/immigrant-health/new-public-charge-guidance-leaves-key-questions-unanswered-likely-deepening-chilling-effects-among-immigrant-families/ On July 20, 2026, the Department of Homeland Security (DHS) published a final rule that largely rescinded 2022 Biden-era public charge regulations. The new rule gives immigration officials broad discretion to decide whether to deny a green card to someone applying for Lawful Permanent Resident (LPR or “green card”) status because they are likely to become a “public charge.” The new rule provided limited details in place of the prior regulations, suggesting in the preamble that DHS would provide additional information through sub-regulatory guidance. On August 18, 2026, U.S. Citizenship and Immigration Services (USCIS) issued accompanying Policy Manual guidance on how officers should make public charge determinations under the new rule. The rule took effect on September 18, 2026. This issue brief discusses the sub-regulatory guidance issued by USCIS to guide public charge determinations under the new rule and implications for immigrant families’ access to health coverage and care.