From DC: New Public Charge Guidance, Immigration Enforcement Protections, and More

August 21, 2026

From DC is Justice in Aging's weekly roundup of national news and resources about issues impacting older adults. To receive From DC in your inbox as soon as its published, sign up for our mailing list.

Here’s what we’re watching in Washington:

DHS Issues Guidance on New Immigration Public Charge Rule

On August 18, the Department of Homeland Security (DHS) released sub-regulatory guidance for immigration officials when making public charge determinations. DHS published new regulations on public charge last month that rescinded the 2022 rule. The new rule and guidance take effect on September 18.

Public charge determinations apply to certain immigrants entering the U.S. and those applying for lawful permanent residency (LPR) from within the country. The test screens out individuals who are likely to rely on government assistance for subsistence.

In issuing a new public charge rule, DHS rescinded the longstanding process that ensured that immigrant communities have a clear and fair process and that limited the types of public benefits that could be considered. Instead, the new rule relies on sub-regulatory guidance that will harm older immigrants. For example, under the new regulation and guidance, immigration officials can weigh a person’s receipt of means-tested public benefits. It also opens the door to officers considering benefits received by certain family members.

For more information on the updated regulation and guidance, please refer to Protecting Immigrant Families Public Charge Toolkit. Please also join Justice in Aging’s webinar, Public Charge Final Rule: What Advocates Need to Know on August 26.

Federal Appeals Court Carves Out Places of Worship from Immigration Enforcement

This week, the U.S. Court of Appeals for the Fourth Circuit affirmed an order from the U.S. District Court of Maryland blocking a Trump administration policy that gave immigration officers unfettered ability to carry out immigration enforcement actions in certain previously protected areas.

In January 2025, the administration rescinded longstanding guidelines to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) that enforcement in sensitive locations, including schools, health care facilities, and places of worship.

The Fourth Circuit decision carves out religious institutions, barring ICE and CBP from detaining individuals in or near places of worship while the litigation proceeds. However, enforcement can still occur in health care settings, social services facilities, and other places where older adults receive services.

For more information about how the administration’s rescission of the protected areas policy impacts older immigrants, please see Justice in Aging’s resource Immigration Enforcement in Nursing Facilities, Adult Day Centers, and Other Settings for Older Adults.

Justice in Aging Submits Feedback on Lowering Prescription Drug Prices

This week Justice in Aging responded to the Senate Finance Committee Minority Staff’s Request for Information (RFI) on Policy Options to Lower Drug Prices for Patients.

We recommended Congress help more low-income older adults afford the medications they need by strengthening Medicare affordability programs and reducing administrative barriers to enrollment. Specifically, we recommended expanding and aligning eligibility for the Low-Income Subsidy (LIS) and Medicare Savings Programs (MSPs), increasing income limits, and eliminating asset tests through legislation such as the Medicare Cost Cap Act (S. 4886).

We also called for expanding $0 copay protections for prescription drugs to all people dually eligible for Medicare and Medicaid who receive home- and community-based services (HCBS). Finally, we urged Congress to reinvest savings from lowering Medicare drug prices into Medicare by expanding coverage of dental, vision, hearing, and home-based long-term care services.

Read Justice in Aging’s response to the RFI here.