Updated as of January 2020:

  • January 8, the 2nd Circuit Court of Appeals in New York has upheld the final preliminary injunction.
  • As long as this nationwide injunction remains in place, the public charge rule cannot be implemented.
  • You can continue to use health, nutrition, and housing programs and services.

About public charge

“Public charge” is a test used by immigration officials to determine if an individual is likely to become primarily dependent on the government for support in the future. An individual can be denied a visa or lawful permanent residency (a “green card”) if they do not “pass” the public charge test. The public charge test is only used when:

  • A person is applying to enter the US;
  • A person is applying for a visa or green card from inside the US; or
  • A green card holder has left the US for 180 consecutive days (6 months) and is applying to re-enter the US.

Some immigrants, including refugees, asylum seekers, and many humanitarian visa holders, are exempt from this policy.

ICHS sees recent changes to the public charge rule creating increased barriers for people immigrating to the United States. It is also leading to decreased participation in Medicaid, nutrition and social services. Our communities and cities are most vibrant when people have adequate food, health care and housing opportunities that allow them to be fully productive and creative. We all lose something when our neighbors and friends forgo basic services out of fear.

Find out if public charge applies to you

Amharic / አማርኛ
Chinese (Traditional)/ 繁體中文
Korean / 한국어
Oromo / Oromiffa
Somali / af Soomaali
Spanish / Español
Tigrigna / ትግርኛ
Vietnamese / Tiếng Việt

The public charge rule does NOT include

  • Community health center sliding fee scale
  • Advanced Premium Tax Credits used to purchase Qualified Health Plans
  • Children’s Health Insurance Program (CHIP)
  • Supplemental Nutrition Program for Women, Infants and Children (WIC)
  • Child care and development
  • Disaster relief
  • Earned Income Tax Credit (EITC
  • Emergency medical assistance
  • Employment and job-training
  • Federal student financial aid
  • Food banks
  • Head Start
  • Low-Income Home Energy Assistance Program (LIHEAP)
  • Medicare Part D low-income subsidy
  • National school breakfast and lunch programs
  • Pell grants
  • Benefits received by immigrant’s family members
  • Any other benefit not specifically listed in the rule

Free resources and legal advice

If you have questions about your individual situation or the use of specific public benefits and programs, you should speak with an immigration attorney or Board of Immigration Appeals-accredited representative. Following are free resources:

Join others in resisting public charge

Joint Statement of America’s Health Centers Opposing Changes to Public Charge
Protecting Immigrant Families Washington