Effective September 18, 2026, the U.S. Department of Homeland Security (U.S. DHS) has removed federal regulations that have governed public charge determinations since 2022. The 2022 rules provided regulatory standards used by federal immigration officers when deciding if a person can get a visa to enter the United States or receive a green card. Because the regulatory standards will no longer exist, immigration officers will be allowed to consider more types of public benefits when deciding if someone is likely to become a public charge. This includes local, state, or federal means-tested public benefits, such as medical, food, housing, cash, or childcare assistance. U.S. DHS is supposed to issue additional guidance for immigration officers before September 18.
The public charge requirements do not apply to everyone. Many immigrants are exempt because of their immigration status and do not have to worry about the public charge determination. Because immigration laws are complex, people should understand how the rule applies to their specific immigration status before deciding whether to apply for or use benefits.
What this means for you:
- The new federal rule change does not change who is eligible to receive benefits. If you qualify for benefits, you can still apply and receive those benefits.
- The new rule change also does not reduce or change the benefits available to you.
- The new rule change does allow immigration officers to consider more types of public benefits when determining whether someone is likely to become a public charge.
- The new public charge determination process starts on September 18, 2026.
- The federal rule announcement explains that benefits received before September 18, 2026, will not be considered under the new public charge determination process.
What we are doing:
- Reviewing the final federal rulemaking notice.
- Coordinating with the Oregon Department of Justice and other state agency partners.
- Working with community organizations to understand how families and communities may be affected.
- Preparing updated guidance for staff, partners, and the public once federal guidance is issued.
Where to get help
Oregon has laws that help protect all people, no matter where they are from. OHA workers follow these laws and will only share your immigration information if the law says they must.
You can:
You can also find trusted information and resources on the
Office of Immigrant and Refugee Advancement (OIRA) webpage, including resources for immigrants, refugees, and mixed-status families in Oregon.
The materials on this page are not intended to be and should not be construed as legal advice.