Public Charge Has Changed Again. Here's What Tennessee Families Need to Know.
As of September 18, 2026, the federal government has once again changed how immigration officials decide whether some immigrants are likely to become a "public charge" when applying for lawful permanent residence (a.k.a. a green card).
These changes have already created confusion and fear. Public charge rules have changed several times over the past decade, and as a result, many immigrant families are unsure whether using programs like SNAP, WIC, or TennCare Medicaid could affect their immigration status.
The most important thing to know is this: the public charge test does not apply to everyone. It only applies to individuals applying for a green card, but there are even some exceptions to that. Check out this fact sheet, created by Protecting Immigrant Families (PIF), to understand exactly who is subject to this test.
Before, there was a set list of public benefits that affected a public charge determination. The new rule removes that list, meaning immigration officers may consider the use of any public benefits programs when evaluating someone's immigration application. Without a firm list of which programs will be taken into consideration, immigration officers might be left to their own discretion, applying the test to people and public benefits programs inequitably. Advocates worry that confusion, fear, and misinformation will keep eligible families from getting food assistance and healthcare they have a right to receive.
What is the public charge test?
Immigration officers use the test to decide whether someone is likely to depend on government benefits in the future. This is called becoming a "public charge."
What's changed?
For many years, immigration officials made public charge determinations by looking at two types of government assistance: cash assistance and long-term institutional care.
During the first Trump administration, the rule expanded to include other public benefits, including nutrition and health programs like SNAP and Medicaid. The Biden administration later reversed those changes and restored the earlier, narrower policy.
The second Trump administration has now expanded the rule again, this time by removing the list of qualifying programs and then providing no guidance on what program participation can or can’t be used during the test. Immigration officers may now consider an applicant's use of any means-tested public benefits like SNAP and Medicaid. A child’s use of benefits could also be considered under this new public charge test. This strips immigration officers of guardrails when determining which programs apply during the test, allowing them to apply these tests inconsistently across different cases.
Why are advocates concerned?
The biggest concern is that immigrant families will go without life-saving benefits.
When public charge rules expanded during the first Trump administration, many eligible families stopped using food assistance and healthcare. Some did this even though the rules did not apply to them or their children. This is known as a "chilling effect."
Advocates worry that the same thing will happen again. Families may skip doctor visits, avoid enrolling their children in TennCare Medicaid or WIC, or go without food assistance because they are afraid it could hurt their future immigration status.
Know the facts before making decisions
The new public charge rule is important, but it does not affect everyone.
If you or someone you know has questions about whether receiving SNAP, WIC, TennCare Medicaid, or another public benefit could affect an immigration application, talk to a qualified immigration attorney or Department of Justice-accredited representative before deciding to turn down benefits.
No family should be forced to choose between putting food on the table and protecting themselves or their family’s future. Knowing the facts and getting trusted legal advice can help families make informed decisions.
If you need help with SNAP, WIC, or TennCare Medicaid, call Tennessee Justice Center at 615-255-0331 or complete our Case Inquiry Form.
