Quotes are verbatim; “…” marks omitted text. Retrieved October 7, 2026.
1. Emergency care regardless of status or ability to pay
42 U.S.C. § 1395dd(a)
“In the case of a hospital that has a hospital emergency department, if any individual (whether or not eligible for benefits under this subchapter) comes to the emergency department and a request is made on the individual’s behalf for examination or treatment for a medical condition, the hospital must provide for an appropriate medical screening examination within the capability of the hospital’s emergency department, including ancillary services routinely available to the emergency department, to determine whether or not an emergency medical condition (within the meaning of subsection (e)(1)) exists.”
42 U.S.C. § 1395dd(h)
“A participating hospital may not delay provision of an appropriate medical screening examination required under subsection (a) or further medical examination and treatment required under subsection (b) in order to inquire about the individual’s method of payment or insurance status.”
Source: Cornell LII: 42 U.S.C. § 1395dd
2. The rule took effect September 18, 2026
Federal Register 2026-14539, Action and Dates
“U.S. Citizenship and Immigration Services (“USCIS”), Department of Homeland Security (“DHS”). ACTION: Final rule. The final rule is effective on September 18, 2026.”
Federal Register 2026-14539, Dates
“This rule applies to applications for admission made on or after September 18, 2026 or applications for adjustment of status postmarked or electronically submitted on or after September 18, 2026.”
Source: Federal Register: Public Charge Ground of Inadmissibility (July 20, 2026)
3. Officers may consider applying for, approval for, or use of some public benefits
Federal Register 2026-14539, Summary (… marks text omitted)
“DHS is rescinding the 2022 public charge ground of inadmissibility regulations (“2022 Final Rule”)… officers will more accurately assess an alien’s likelihood at any time of becoming a public charge, in the totality of the circumstances, as Congress intended.”
Federal Register 2026-14539, “Future Guidance and Compliance With the APA”
“This guidance will explain how officers will be able to consider the receipt of any means-tested public benefits by the alien”
Federal Register 2026-14539, Dates
“Receipt of means-tested public benefits before September 18, 2026 will be considered consistently with the 2022 Final Rule.”
8 U.S.C. § 1182(a)(4)(A) (the law the rule applies)
“Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.”
USCIS Policy Manual, Vol. 8, Part G, Ch. 2, Receipt (current as of Oct. 2, 2026)
“While not constituting “receipt,” the alien’s own application for, or certification or approval to receive, a benefit in the future may be considered in the totality of the alien’s circumstances along with any evidence that the alien withdrew his or her application or notified the benefit granting agency that he or she wished to disenroll from a benefit he or she was receiving or was approved or certified to receive in the future.”
USCIS Policy Manual, Vol. 8, Part G, Ch. 7
“Additionally, officers will consider any evidence in the record pertaining to whether the alien has applied for any means-tested public benefits and/or whether the alien has been approved or certified to receive any means-tested public benefits on or after September 18, 2026.”
Source: Federal Register: Public Charge Ground of Inadmissibility (July 20, 2026); Cornell LII: 8 U.S.C. § 1182; USCIS Policy Manual, Vol. 8, Part G, Ch. 2: Key Concepts; USCIS Policy Manual, Vol. 8, Part G, Ch. 7: Consideration of Applications, Approvals and Receipt
4. Who is exempt
8 U.S.C. § 1157(c)(3) (refugees)
“The provisions of paragraphs (4), (5), and (7)(A) of section 1182(a) of this title shall not be applicable…”
8 U.S.C. § 1159(c) (adjustment of status for refugees and asylees)
“The provisions of paragraphs (4), (5), and (7)(A) of section 1182(a) of this title shall not be applicable to any alien seeking adjustment of status under this section…”
Form I-485 (Edition 09/18/26), Part 9, Item Number 56
“56. I am exempt from the public charge ground of inadmissibility because I am a/an (select only one box): … Asylee … Refugee … Cuban Adjustment Act …”
USCIS Policy Manual, Vol. 8, Part G, Ch. 3, Exemptions (… marks omitted text)
“The public charge ground of inadmissibility does not apply, based on statutory or regulatory authority, to the following applicants for visas, admission, and adjustment of status (or other immigration benefit requests that require admissibility): Asylees and refugees; … Applicants seeking adjustment under the Cuban Adjustment Act; … Applicants seeking temporary protected status (TPS); …”
Source: Cornell LII: 8 U.S.C. § 1157; Cornell LII: 8 U.S.C. § 1159; USCIS Form I-485; USCIS Policy Manual, Vol. 8, Part G, Ch. 3: Applicability
5. The rule is being challenged in court
Visa Lawyer Blog, Jacob Sapochnick (Oct. 5, 2026), a law-firm article, not a court record
“the new public charge policy is facing multiple federal lawsuits from states, local governments, and immigrant-rights organizations. However, as of October 2026, the policy remains in effect while the litigation continues.”
Source: Visa Lawyer Blog: Public Charge Changes Took Effect September 18, 2026
6. Who can give immigration legal advice
8 CFR § 1292.1(a)
“A person entitled to representation may be represented by any of the following:” The list includes “Any attorney as defined in § 1001.1(f) of this chapter…” and “An individual whom EOIR has authorized to represent immigration patients on…” (accredited representatives).
Federal Trade Commission consumer alert (May 18, 2023)
“notarios (also called notaries or notarios públicos) in the U.S. are not licensed attorneys. They can’t give you legal advice.” and “Some specialized lawyers and accredited representatives can help people with immigration.”
Source: Cornell LII: 8 CFR § 1292.1; FTC: Avoiding scams that target immigrants
7. Which programs may count as public
USCIS Policy Manual, Vol. 8, Part G, Ch. 2, Means-Tested Public Benefits
“A benefit is generally a “public” benefit if the payments or assistance are provided by an agency of the government or by appropriated funds of the government; Examples of public benefits that could potentially be means-tested public benefits … include but are not limited to cash assistance, public or assisted housing, financial aid for postsecondary education, food assistance, government-funded health coverage, or any other similar benefit …”
USCIS Policy Manual, Vol. 8, Part G, Ch. 2, Government
“The term “government,” for the purpose of implementing the public charge ground of inadmissibility, is generally understood to refer to any federal, state, tribal, territorial, or local government entity or entities of the United States.”
Source: USCIS Policy Manual, Vol. 8, Part G, Ch. 2: Key Concepts