The new president cannot quickly change public charge law, any proposed changes will take time, and we will have a lot of advance notice. 

Until then, the Biden rule that went into effect on December 23, 2022 remains in effect. Under this rule, health care programs, including Medicaid and COVID care, housing, food programs, and many other vital services are safe to use. Only applicants deemed likely to be primarily dependent on cash aid for income maintenance or long-term care at government expense could be denied for public charge.

Remember, the public charge test only applies to some programs and some immigrants; a new president cannot change this.
* It never applies to U.S. citizens, including the U.S. citizen children of immigrants.
* It also doesn’t apply to most people with a green card, or asylees, refugees, people with U visas, T visas, VAWA, and many others. 
*If you are leaving the United States to do an immigration process at a consulate, it is important to check in with your legal provider before leaving under the new administration. 

Last update: November 20, 2024