Public Charge: What We Know So Far for WIC Families

Everyone is welcome to apply for WIC, health care, food and housing support, and more public benefits.

What Changed and When

On July 16, 2026, the Department of Homeland Security (DHS) posted a final public charge rule, effective September 18, 2026. When someone is applying for a family-based or certain employment-based green card (lawful permanent resident or LPR status), immigration officers look at whether the person applying is likely to become a “public charge.” That means that the person would depend on the government to meet their basic needs.

Who is Affected

Most immigrants do not have to worry about public charge at all. It does not apply to people who already have green cards and do not plan to leave the U.S. Some green card applicants are exempt. If you do not currently have a pathway to get a green card, it does not affect you. The new public charge rule only applies to certain green card applications postmarked or electronically filed on or after September 18, 2026.

Please see the resources below from the Protecting Immigrant Families Coalition and Center on Budget and Policy Priorities to learn more about when a public charge determination applies.

Public Charge Fact Sheet: Does this apply to me?
Public Charge and WIC: What You Need to Know FAQ

What this Means

• For families affected by the rule, WIC participation before September 18, 2026 will not be considered, but benefits received on or after that date may be considered as one factor in a public charge determination. The new rule also allows for the consideration of benefits used by a dependent family member, including a U.S. citizen child.
• WIC benefit receipt will be considered as part of the totality of the circumstances, including factors like work status and history, health, receipt of other means-tested benefits, support from a sponsor, and more.
• There is currently no clear information for families about how much their WIC participation will be weighed, or at what point ongoing WIC participation may negatively impact a public charge determination.

Families may need immigration legal advice for their individual situation. WIC staff cannot provide legal advice. See resources below.

Immigration Legal Resources

Several free or low-cost immigration or legal status screening resources are available in Los Angeles, San Bernardino, and Orange County to help immigrants get the support and information they need.

---