The U.S. Department of Homeland Security’s (DHS) new public charge policy – posted to the federal register on July 20, 2026 – will increase hunger and hardship among families and children by discouraging immigrant communities from accessing food programs and other supports they are legally eligible to receive. The Greater Chicago Food Depository joins anti-hunger and immigrant justice advocates locally and nationwide in condemning the updated public charge rules. We believe food is a basic human right.
The new rules, which will go into effect this coming September 18, broadly and vaguely give immigration officials discretion to expand the types of programs and services that could be considered a public charge when certain immigrants seek entry into the country or an adjustment of their status. This means an individual is more likely to be denied a green card or entry into the United States based, in part, on the government programs they or their children participated in.
As we’ve seen in the past, the expansion of public charge rules creates a chilling effect in immigrant communities. Families are less likely to utilize programs and services they are legally eligible for – including school meals for children, after-school and summer meals, childcare, and even privately-operated food pantries. This chilling effect extends even to immigrants who are not subject to the public charge test. Children will go hungry as families are punished for trying to follow a set of confusing and intentionally vague rules.
The new rules also expand the likelihood that a parent’s immigration case could be negatively impacted because their citizen children participated in programs they are eligible for. This will discourage participation in the Supplemental Nutrition Assistance Program (SNAP) in a year when eligibility for legally present immigrants has already been slashed by the federal government.
The public charge test applies to only some immigrants seeking entry to the United States and some legally present immigrants seeking a green card. It does not apply to immigrants with humanitarian status, including refugees and asylees. However, we know the rules create confusion and fear for every type of immigrant household.
Immigration officials will be allowed to continue to consider past use of cash assistance or institutionalization at government expense. However, after September 18, 2026, they also may be able to consider use of a broad range of programs, including SNAP, WIC, Summer EBT and more.
Public charge rules have existed for generations, falsely and unjustly mischaracterizing immigrants as taking more than they contribute to the United States. The federal government’s latest update to public charge rules perpetuates and amplifies anti-immigrant rhetoric. The Food Depository stands for the human rights of all our neighbors, no matter where they were born.
We are a proud member of the Protecting Immigrant Families Illinois coalition. We will continue to monitor this topic and share helpful resources and information with our frontline partners and neighbors. The Food Depository cannot provide legal advice. Any immigrant in our community who has questions about how these new rules would affect them should speak with an attorney.
Visit protectingimmigrantfamiliesillinois.org/issues for more information.
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