The Department of Homeland Security (DHS) of the United States has declared its intention to eliminate the 'public charge' regulation established during the Biden administration and to reinstate a more stringent policy for determining eligibility for green cards and specific immigration benefits. This new regulation will come into force on September 18, 2026.DHS is set to reinstate a stricter public charge rule for green card applicants on September 18, 2026, focusing on financial independence. The regulation will empower officers to consider the use of public benefits in their assessments while maintaining discretion on a case-by-case basis. (X/@unumihaimedia)"The now-rescinded Biden-era regulation restricted which public benefits DHS could consider, limiting officers’ ability to review all relevant factors as intended by Congress. With this final rule, USCIS officers are empowered to assess all pertinent facts on a case-by-case basis for each applicant," DHS stated on Thursday.What is public charge rule?The public charge rule is founded on a well-established principle within US immigration law, which stipulates that individuals seeking permanent residency should not primarily rely on government assistance.For more than a century, US immigration law has incorporated a public charge assessment, which is codified in the Immigration and Nationality Act (INA). When an applicant applies for a green card (lawful permanent residence), adjustment of status, or, in certain instances, a visa and immigration officials are required to determine if that person is likely to become a public charge in the future.Although federal law has consistently mandated that green card applicants prove they are unlikely to become a public charge, the version implemented by the Trump administration broadens the scope of public benefits that immigration officials may take into account when assessing an application, as reported by AP.These benefits may encompass programs such as: food assistance (food stamps) medicaid, housing vouchers, and certain other government welfare benefits.The policy does not automatically disqualify applicants from obtaining a green card solely based on their receipt of public assistance. Instead, the utilization of these benefits can be one of several considerations taken into account when assessing the likelihood of an applicant depending on government support in the future.Also Read: H-1B visa layoffs: Redditor torn between job search and returning to India, ‘Things are getting worse for…'Why has the rule been reinstated?The policy was initially implemented during President Donald Trump's first term and took effect in February 2020. It was among several initiatives designed to tighten legal immigration by placing a stronger focus on an applicant's financial independence.However, the rule was rescinded after President Joe Biden assumed office, as his administration rolled back numerous immigration restrictions established by the previous Trump administration.Now, under the second term of Trump', the administration has opted to reinstate the policy as part of its comprehensive immigration strategy.In a statement referenced by AP, USCIS indicated that the government is “reaffirming the requirement of self-reliance” and safeguarding public resources. The agency further noted that the policy reinstates the principle that immigrants should be capable of supporting themselves without depending on taxpayer-funded assistance.Impacts on Indian green card applicantsFor several Indian nationals currently residing and employed in the US, especially those pursuing employment-based permanent residency, the reinstated regulation is an additional consideration during the green card application process.This policy does not introduce a new category for green cards nor does it automatically disqualify applicants who have utilized public benefits at any point. However, immigration officials may consider the use of certain welfare programs when evaluating whether an applicant is likely to become financially reliant in the future.Consequently, applicants should ensure that their financial documentation and supporting materials clearly reflect economic stability and self-sufficiency when submitting their applications.Does receiving a government benefit guarantee rejection?No. The regulation does not state that utilizing a specific benefit results in automatic disqualification.Rather, USCIS indicates that officers will conduct individual assessments on a case-by-case basis after evaluating all pertinent information. The utilization of public benefits is one aspect that may be taken into account among various others.Which benefits might be examined?The final regulation grants officers considerable discretion instead of enumerating every benefit explicitly. However, the previous public charge policy from the Trump administration identified benefits such as: Medicaid (with several exceptions), SNAP (food stamps), certain housing assistance, and other means-tested public benefits.