Green Card 2026: Public Charge Rule Expands, ICE Arrests Continue
You applied for a green card and used SNAP benefits or a housing voucher to get by — now the US government may use that against you. A newly expanded "public charge" rule could make those programs a reason to deny your application for lawful permanent residency. At the same time, ICE is still arresting people at New York City immigration courts, even after a judge ordered it to stop.
You applied for a green card and relied on SNAP food benefits or a housing voucher to keep your family fed and housed. Under a new rule the Trump administration is pushing, that could now count against you. The so-called "public charge" rule — which lets the government deny a green card (lawful permanent residency) to immigrants seen as likely to depend on public support — is being expanded to cover more programs than before. The Federal Register published the proposal, and Jurist News confirmed the details. If finalized, using SNAP benefits or housing vouchers could make you ineligible for a green card.
ICE Arrests at NYC Courts — Despite a Court Ban
A May 2026 ruling placed a broad block on ICE arrests at Manhattan immigration courthouses. That ruling is already in effect. But Courthouse News Service reported that at least six people have been arrested at those courts since the ruling came down. Advocates say the arrests make immigrants afraid to show up for their own hearings — which can lead to a removal order issued in their absence.
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Elsewhere, court filings revealed that ICE improperly shared Medicaid health data — belonging to millions of people — with Palantir, a controversial AI surveillance company. The data was originally shared with ICE in January 2026. Palantir has stated the data has since been deleted, but the disclosure raised serious privacy concerns. NPR reported on the filings. Separately, a federal judge ordered sweeping changes to the Adelanto, California, immigration detention center, while new investigations by the LA Public Press, Miami Herald, and Human Rights Watch exposed troubling conditions in Florida and Texas immigration jails.
What to Do
- If you use or have used public benefits like SNAP or housing vouchers and are planning to apply for a green card, talk to an immigration lawyer before filing. The public charge rule is changing, and what was acceptable before may not be now.
- If you have an immigration court hearing in New York City, you still have the right to attend. The May 2026 court order blocking ICE arrests at Manhattan courthouses remains in effect — but bring documentation of your case and go with a support person if possible.
- If you believe your health or Medicaid data was shared without your consent, contact a legal aid organization. You may have rights under privacy law.
- If ICE approaches you at a courthouse or airport, you have the right to remain silent and ask for a lawyer. Do not sign any documents without speaking to an attorney first.
Related: our step-by-step guide — “EB-2 NIW: National Interest Waiver”.
Fishkin Law Firm, New York
The expanded public charge rule is a serious concern for anyone who has used SNAP, housing vouchers, or similar programs and is now pursuing a green card. Under the proposed expansion, USCIS could weigh those benefits heavily against your application — even if you used them legally and are no longer enrolled. Attorneys recommend gathering documentation of your current financial situation and any employer support letters before filing. If you are already in removal proceedings, the public charge issue is separate from your case, but do not miss any court dates — a missed hearing can result in an in absentia removal order that is very difficult to reopen. Consult an immigration attorney to review your full situation before taking any steps.
Frequently Asked Questions
Will using SNAP or a housing voucher automatically disqualify me from getting a green card?
Not automatically — but under the proposed expanded public charge rule, USCIS could use your use of those programs as a reason to deny your green card application. The rule has not been finalized yet, so the situation may still change. Talk to an immigration lawyer about your specific case before filing.
Can ICE arrest me if I go to my immigration court hearing in New York City?
A May 2026 court ruling placed a broad block on ICE arrests at Manhattan immigration courthouses. That order is in effect. However, Courthouse News Service reported that at least six arrests have happened there since the ruling. You still have the right to attend your hearing — and skipping it is far more dangerous, since a judge can issue a removal order in your absence.
My Medicaid data may have been shared with ICE or Palantir. What can I do?
Court filings revealed that ICE shared Medicaid data with Palantir, which says it has since deleted the data. If you are concerned your health information was shared without your consent, contact a legal aid organization in your area. They can advise you on your privacy rights and whether any action is available to you.
What should I do if ICE agents approach me at an airport or courthouse?
You have the right to remain silent. Do not answer questions about your immigration status without a lawyer present. Do not sign any documents. Clearly state: 'I want to speak to a lawyer.' If agents walk away when filmed — as happened in a Las Vegas airport incident reported by CNN — that does not mean the encounter is over. Contact an attorney as soon as possible.