Public Charge: What Changed on September 18, 2026
Financial help from Covered California and Medi-Cal can now be considered in some immigration cases. Every case is different: talk to a qualified immigration attorney before you drop coverage or financial help.
Public charge is a test immigration officers use in some cases: it asks whether a person is likely to depend on means-tested public benefits. A new federal rule took effect on September 18, 2026 and rescinded the 2022 rule. It applies when a person asks to be admitted at a U.S. border, airport or other port of entry on or after that day, and to green card (adjustment of status) applications filed on or after that day. U.S. consulates abroad decide visa applications under the State Department's own public charge rules, which this rule did not change.
What Can Be Considered
- When public charge applies, officers can look at means-tested public benefits a person applied for, was approved for or received on or after September 18, 2026. These can include Medi-Cal and the financial help from Covered California (the premium tax credit).
- A plan you pay for yourself, without financial help, is not counted.
- For benefits received before September 18, 2026, officers look only at cash assistance and long-term care in an institution paid for by the government, as under the old rule.
- Using a benefit does not decide a case by itself. Officers must look at the person's whole situation, including age, health, family, income and resources, education and job skills.
- Benefits your children or other family members get are not treated as yours, but officers can consider them when they look at your family's finances.
Who It Does Not Apply To
Public charge does not apply to green card applications based on asylum, refugee status, a U or T visa, a Violence Against Women Act (VAWA) self-petition, Special Immigrant Juvenile Status, the Cuban Adjustment Act or the Haitian Refugee Immigration Fairness Act, among others. People who already have a green card are generally not subject to it, except in some cases when they return from a trip abroad. It also does not apply to applications for U.S. citizenship, DACA, Temporary Protected Status (TPS) or a work permit, or to requests to extend or change a temporary (nonimmigrant) status, such as a work or student visa, from inside the United States.
What counts is the kind of application, not your status today. If a person with TPS or a pending asylum case later applies for a green card through a family member or a job, public charge can apply to that application, and benefits applied for, approved or received on or after September 18, 2026 can be looked at.
Before You Change Anything
Public charge is an immigration rule, not a rule about who can get benefits: if you qualify for Medi-Cal or financial help, you can still apply for it and use it. Every case is different, and this page is general information, not legal advice. Talk to a qualified immigration attorney before you drop coverage or financial help, or change a family member's benefits. Free immigration legal help: California Department of Social Services, cdss.ca.gov/inforesources/immigration, 916-651-8017.
Sources: the final rule in the Federal Register (91 FR 45324, July 20, 2026); the USCIS Policy Manual, Volume 8, Part G, chapter 2 (means-tested benefits), chapter 3 (exemptions) and chapter 7 (benefits received before and after September 18, 2026); the CalHHS public charge guide (September 2026, pages 3 and 4); and Covered California's information for immigrants.