Public-charge rule (in effect since September 18, 2026)

Status: In effect now — Public Charge Ground of Inadmissibility (2026 final rule) (FR 2025-20278 (NPRM) → final rule FR 2026-14539; RIN 1615-AD06; challenged in State of New York v. DHS, No. 1:26-cv-07978, City of New York v. DHS, No. 1:26-cv-07982, and Make the Road New York v. DHS, No. 1:26-cv-08129 (S.D.N.Y.))

On July 16, 2026, DHS issued the final rule (FR doc 2026-14539, published in the Federal Register July 20, 2026 at 91 FR 45324) rescinding the 2022 public-charge regulation. It took effect September 18, 2026; I-485s postmarked before that date are still decided under the 2022 rule. Since that date USCIS accepts only the 09/18/26 edition of Form I-485 and rejects the 01/20/25 and 09/04/26 editions, with no grace period. Court challenges (as of Sept. 24, 2026): New York, 20 other states, the governor of Pennsylvania and the District of Columbia sued in the Southern District of New York on Sept. 14, 2026 (State of New York v. DHS, No. 1:26-cv-07978). New York City and other cities and counties filed a separate suit the same day (No. 1:26-cv-07982). Make the Road New York and others filed a third suit on Sept. 17 (No. 1:26-cv-08129), which the court accepted as related. No court has blocked the rule.

Next step: October 9, 2026 — initial conference in State of New York v. DHS (S.D.N.Y. No. 1:26-cv-07978, Judge Ronnie Abrams); the government's answers in the two September 14 suits are due November 16, 2026. As of the dockets' newest public entries (September 23, 2026), no motion for a preliminary injunction or a stay of the rule appears, so the rule keeps applying to I-485s postmarked or submitted electronically on or after September 18, 2026 unless a court orders otherwise. Benefits received before that date are still considered under the 2022 rule.

Primary source last checked automatically on 2026-10-23 — status can change with a single court ruling. Official source.

What’s happening

On July 16, 2026, DHS issued the final rule (FR doc 2026-14539, published in the Federal Register July 20, 2026 at 91 FR 45324) rescinding the 2022 public-charge regulation. It took effect September 18, 2026; I-485s postmarked before that date are still decided under the 2022 rule.

Court challenges (as of Sept. 24, 2026): New York, 20 other states, the governor of Pennsylvania and the District of Columbia sued in the Southern District of New York on Sept. 14, 2026 (State of New York v. DHS, No. 1:26-cv-07978). New York City and other cities and counties filed a separate suit the same day (No. 1:26-cv-07982). Make the Road New York and others filed a third suit on Sept. 17 (No. 1:26-cv-08129), which the court accepted as related. No court has blocked the rule. The first conference is set for Oct. 9, 2026.

Who it affects

Applicants for a green card or admission subject to the public-charge ground of inadmissibility under INA § 212(a)(4) — chiefly family-based immigrants adjudicated by USCIS inside the U.S. The rule is final (published July 20, 2026; 91 FR 45324) and took effect September 18, 2026: benefits received before that date are still judged under the protective 2022 rule, and an I-485 postmarked before September 18, 2026 is adjudicated under the 2022 rule. Filings and benefits from that date forward fall under the broader 2026 standard.

How it got here

  1. Nov 19, 2025 DHS/USCIS publishes the proposed rule, which would rescind the 2022 regulations and restore broader officer discretion.
  2. Dec 19, 2025 The public comment period on the proposed rule closes.
  3. Jul 16, 2026 DHS issues the final rule rescinding the 2022 public-charge regulation (FR doc 2026-14539, published in the Federal Register July 20, 2026 at 91 FR 45324). Effective September 18, 2026; a revised Form I-485 (09/18/26 edition) has been required since that date.
  4. Sep 14, 2026 New York, 20 other states, the governor of Pennsylvania and the District of Columbia sue in the Southern District of New York (State of New York v. DHS, No. 1:26-cv-07978); New York City and other cities and counties file a separate suit the same day (No. 1:26-cv-07982).
  5. Sep 17, 2026 Make the Road New York and others file a third suit (Make the Road New York v. DHS, No. 1:26-cv-08129); on September 23, 2026 it is accepted as related to the New York case and reassigned to Judge Ronnie Abrams.
  6. Sep 18, 2026 The rescission takes effect, with no court order blocking it. USCIS publishes the 09/18/26 edition of Form I-485 and rejects the 01/20/25 and 09/04/26 editions if postmarked or electronically submitted on or after this date, with no grace period.

What to watch next

Oct. 9, 2026 — initial conference in State of New York v. DHS (S.D.N.Y. No. 1:26-cv-07978, Judge Ronnie Abrams); the government answers in the two September 14 suits are due Nov. 16, 2026. As of Sept. 24, 2026 no motion for a preliminary injunction, TRO or postponement appears on the three dockets. The rule applies to admissions and to I-485 filings postmarked or submitted electronically on or after September 18, 2026; benefits received before that date are still considered under the 2022 rule. Since that date USCIS accepts only the 09/18/26 edition of Form I-485 and rejects the 01/20/25 and 09/04/26 editions.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.