New public charge rule raises concerns about immigrant families' health access

The Department of Homeland Security issued a final rule on July 20, 2026, that rescinded the 2022 Biden-era public charge regulations, giving immigration officials broad discretion to deny green cards based on likelihood of becoming a public charge, according to KFF.

The new rule provides limited details compared to prior regulations, with DHS indicating it would issue sub-regulatory guidance to clarify implementation.

On August 18, 2026, U.S. Citizenship and Immigration Services released policy manual guidance to instruct officers on making public charge determinations under the new rule, KFF reported.

KFF's issue brief highlights that the guidance leaves key questions unanswered and is likely to deepen chilling effects among immigrant families, potentially affecting their access to health coverage and care.

The analysis by KFF underscores concerns that the broad discretion granted to immigration officials may discourage immigrant families from seeking needed health services due to fears of immigration consequences.