A Herman Legal Group Master Resource for Families, Employers, Journalists, and Ohio Immigrant Communities
QUICK ANSWER
The Trump administration has taken steps to revive and strengthen the Public Charge Rule, which allows immigration officers to deny green cards, visas, and extensions if they believe a foreign national is “likely to depend on government benefits.”
This policy shift was reported by NPR and further detailed by Politico.
Experts warn that this revival may again penalize the use of Medicaid, SNAP, housing programs, and other safety-net benefits.
The rule affects:
Marriage-based green card cases
H-1B/H-4 families
Parents of U.S. citizens
F-1 students
Mixed-status families, including many in Ohio
Lower-income households or those needing joint sponsors
For tailored help, families should consider scheduling a consultation with Herman Legal Group: Schedule a Consultation.
FAST FACTS (2025-2026 Public Charge Update)
Legal Authority
The rule is based on the ground of inadmissibility at INA § 212(a)(4).
On November 18, 2025, NPR revealed that the Trump administration is moving to revive and expand the Public Charge Rule. The next day, Politico confirmed the government intends to again scrutinize immigrant families who use Medicaid, food assistance, or housing support.
Ohio Families Are Especially Alarmed
Immigrant neighborhoods are responding with fear:
Cleveland: Clark-Fulton, West Boulevard
Columbus: Northland, Hilltop, Linden
Cincinnati: Price Hill, Westwood
Dayton: East End, Twin Towers
Many have turned to Herman Legal Group for advice using the consultation page.
EXPERT PERSPECTIVE
Richard T. Herman, Esq. explains:
“This is not just policy. It’s fear. Many of our Ohio clients worry a trip to the doctor or food assistance for their children could get them denied. We give families a roadmap to safety and legal protection.”
WHAT IS PUBLIC CHARGE? (In Plain English)
The Public Charge rule determines whether a foreign national is likely to rely on government benefits. If so, the government can deny:
This wording suggests a shift back to the 2019 standard, which considered:
Medicaid (non-emergency)
SNAP
Housing assistance
Cash assistance
Non-emergency medical programs
BENEFITS THAT COUNT UNDER THE REVIVED PUBLIC CHARGE FRAMEWORK
(Based on 2019 rule principles + 2025 proposed rule language interpreted through contemporary reporting)
The proposed rule signals a return to a stricter definition of “public charge,” consistent with the 2019 Trump rule. According to media coverage and policy summaries, these are the benefits most likely to trigger concern.
1. Federal Cash Assistance Programs
These are the lowest-hanging fruit for immigration officers.
They almost always trigger negative weight:
TANF (Temporary Assistance for Needy Families)
SSI (Supplemental Security Income)
General cash assistance programs
These programs are often considered evidence of “primary dependence” — language echoed in the DHS policy summary analyzed here: Summary of DHS proposed rule.
2. Medicaid (Non-Emergency)
Medicaid was a central part of the 2019 rule and is expected to return as a key negative factor.
This includes:
Regular Medicaid coverage
Long-term institutional care
Non-emergency medical services
The NPR report explains that health programs are again being examined under the proposed rule: NPR analysis.
3. SNAP (Food Stamps)
Politico reports that SNAP is again being flagged as a target in the revived rule: Politico breakdown.
SNAP use by the immigrant — not their U.S. citizen child — may be considered.
4. Federal Housing Assistance
This includes:
Section 8 vouchers
Public housing subsidies
Rent assistance programs
These were central to the 2019 rule framework, and the administration is signaling similar scrutiny for 2025.
5. State/Local Cash Assistance
Any state program that functions like “cash aid” is likely to be examined negatively.
Examples:
Ohio disability cash assistance
County-level general assistance programs
BENEFITS THAT DO NOT COUNT UNDER PUBLIC CHARGE
(Per NPR analysis, AIC research, and historical interpretation)
These benefits generally do not trigger a public charge finding:
Emergency Medicaid
School lunch programs
Children’s Health Insurance Program (CHIP)
WIC nutritional support
Disaster relief / FEMA assistance
Unemployment insurance (not a benefit of need)
Tax credits (EITC, CTC)
Pandemic-era programs
Public health testing or vaccines
Short-term housing/emergency shelter
The American Immigration Council offers a helpful breakdown of what immigrants typically do not use and how these programs function: AIC: Immigrants & Federal Benefits.
IMPORTANT DISTINCTION
Benefits used by U.S. citizen children DO NOT count as immigrant benefit use.
This point is critical for Ohio’s mixed-status families, especially in:
Cleveland (Clark-Fulton, Old Brooklyn)
Columbus (Northland, Hilltop)
Cincinnati (Price Hill)
Dayton (East End)
These communities often have U.S. citizen children on Medicaid or SNAP, which is not immigrant benefit use.
WHO IS TARGETED MOST UNDER THE 2025 PUBLIC CHARGE PROPOSAL?
These applicants often rely on Medicaid or subsidized Medicare.
Such cases will likely face strict financial review and requests for additional documentation.
These applicants are exempt from public charge, but confusion often leads to fear and unnecessary self-harm (e.g., avoiding medical care).
Internal guide:
Sponsoring U.S. citizens with fluctuating employment
Higher reliance on state or county programs
CASES STUDY EXAMPLES
Case 1: Elderly Parent Using Medicaid — Cleveland
Scenario:
Maria, a 71-year-old parent of a U.S. citizen in Cleveland, uses Ohio Medicaid for diabetes and heart treatment. Her U.S. citizen son files an IR-5 petition.
Applicants with medical conditions or disabilities
Adjustment applicants after overstay
Students with medical debt
Lower-Risk Groups
High-income households
Employment-based applicants with strong employer support
Applicants with private health insurance
Applicants with substantial savings or assets
WARNING SIGNS THAT YOU MAY GET A PUBLIC CHARGE RFE OR REVISION REQUEST
You may receive a Request for Evidence (RFE) if USCIS sees:
Sponsor income under 125% of poverty line
Inconsistent tax returns or pay stubs
Medicaid usage by applicant
H-4 dependent Medicaid history
SNAP use by applicant
Large household with one income
Use of Section 8 benefits
Lack of current health insurance
Applicant with serious health condition
Sponsor with recent unemployment
Need for a joint sponsor
Large medical bills without insurance
Applicant used state or county medical benefits
YOUR PUBLIC CHARGE PROTECTION PLAN (Practical Checklist)
Immediate Steps
Obtain private health insurance (even low-cost plans help)
Gather last 3 years of tax returns
Gather 6–12 month pay stubs
Document savings + investments
Secure a joint sponsor early if needed
Prepare a detailed financial statement
Pay down or consolidate major debts
Obtain employer letters verifying stable income
Collect medical documentation showing compliance with treatment
For Sponsors
Do not rely on inconsistent gig-economy income alone
Ensure recent tax returns are filed
If using benefits, consult an attorney immediately
Avoid job changes near filing
For Immigrant Applicants
Do not enroll in new benefits without legal review
Keep proof of U.S. citizen child-only benefits
Obtain health insurance before AOS filing
Maintain stable address and employment documentation
PRO TIP:
If your household uses Medicaid, SNAP, housing support, or has inconsistent income, you MUST get legal screening before filing a green card, I-130, or I-485.
COMPLETE PUBLIC CHARGE FAQ
1. What is the Public Charge Rule in simple terms?
The Public Charge Rule allows the government to deny visas or green cards if an immigrant is likely to depend on government benefits such as cash assistance, long-term Medicaid, or housing aid.
See USCIS Public Charge guidance.
2. Is the Public Charge Rule currently changing?
Yes. The Trump administration has moved to revive and strengthen the rule.
See reporting from NPR and Politico.
3. Does using Medicaid count against me?
Yes, it may — if you are the immigrant applicant using non-emergency Medicaid.
Medicaid use by U.S. citizen children does not count.
4. Does SNAP count against me?
Yes — SNAP used by the immigrant applicant is a negative factor.
SNAP used only by U.S. citizen children or household members is not immigrant benefit usage.
5. Does using Section 8 housing assistance count?
Yes.
Housing benefits (public housing, vouchers) were key factors in the earlier 2019 rule and will likely be considered negative again.
6. Which benefits are safe?
These generally do not count as immigrant benefit usage:
❌ MYTH 4: “Taking unemployment will hurt my case.”
✔️ FACT: Unemployment insurance is not a public benefit.
❌ MYTH 5: “Public charge applies during citizenship (N-400).”
✔️ FACT: Public charge does not apply at the naturalization stage.
OHIO-SPECIFIC GUIDANCE
Public charge concerns hit differently across Ohio cities.
Cleveland
High-risk cases:
Elderly parents on Medicaid
Refugees unsure about exemptions
H-4 dependents on Medicaid at Cleveland Clinic
Columbus
High-risk cases:
H-1B engineers in the Intel/Nationwide/Chase corridor
F-1 students at OSU with emergency medical grants
Cincinnati
High-risk cases:
IR-5 parents with chronic medical needs
Mixed-status households in Westwood and Price Hill
Dayton
High-risk cases:
Applicants adjusting after overstay
Elderly parents with state medical assistance
Expert Insight From Richard T. Herman
“Under the revived Public Charge Rule, non-emergency Medicaid, SNAP, and housing benefits used by an immigrant may lead to denial of green cards or visas.”
“Public charge does not apply to refugees, asylees, VAWA applicants, U visas, or T visas.”
“Benefits used by U.S. citizen children do not count as public benefits used by an immigrant.”
“Ohio’s immigrant families—from Cleveland to Columbus—face unique public charge risks due to mixed-status households and H-1B/H-4 dependent medical coverage.”
HOW OFFICERS MAKE PUBLIC CHARGE DECISIONS
Public-charge determinations follow a predictable but highly discretionary analysis.
“This revived public charge rule is one of the most significant threats to immigrant families since 2019. It directly affects marriage cases, parents of U.S. citizens, and H-1B/H-4 families across Ohio.”
“Immigrants must understand: it is not the benefits used by your U.S. citizen children that matter — it is the benefits used by the immigrant applicant.”
“Private health insurance is now one of the strongest protections against public charge denials.”
“Ohio’s immigrants are at the epicenter of this rule because of mixed-status families, large H-1B employer hubs, and strong refugee communities.”
Written By Richard Herman
Founder
Richard Herman is a nationally recognizeis immigration attorney, Herman Legal Group began in Cleveland, Ohio, and has grown into a trusted law firm serving immigrants across the United States and beyond. With over 30 years of legal excellence, we built a firm rooted in compassion, cultural understanding, and unwavering dedication to your American dream.
