DHS Releases New Public Charge Rule
July 22, 2026
The Department of Homeland Security (DHS) has on public charge that could penalize noncitizens who use income-based public benefit programs such as school meals, SNAP and Medicaid. Under the “public charge rule”, immigration officials can deny applications for permanent residency or visa extensions if it is determined they are likely to become a “public charge,” meaning that the individual has received or could be expected to receive means-tested federal benefits. Rather than creating a new public charge framework, the new rule reinstates an earlier approach from the first Trump administration.
Similar to the original public charge regulation proposed in 2018, there is significant concern that this policy will discourage families from enrolling in programs that their children may be eligible for out of fear that participation could jeopardize their family’s immigration status. DHS estimates the rule will reduce federal and state payments by nearly $13 billion annually through decreased participation in public benefit programs. However, those savings may be offset by increased demands on public schools, which frequently serve as the primary safety net when students lose access to essential healthcare and nutrition services. Lower enrollment in SNAP and Medicaid not only impacts students’ access to critical resources, but also impacts district operations by decreasing direct certification and access to the School-Based Medicaid services.
DHS has indicated that it will issue nonbinding subregulatory guidance to help officers determine how to best consider current and past receipt of means-tested public benefits when making these decisions. This guidance should provide a clearer understanding of what programs will be considered in public charge determinations and will be released on or before the effective date, September 18, 2026. ܲAVƵwill update this blogpost with additional information about the scope of the public charge regulation when that guidance is available. In the interim, superintendents should anticipate that the “chilling effect” of this regulation could result in more students entering their schools with less consistent access to food and healthcare in the upcoming school year.
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