Archive · 15 Sep 2026
States Challenge Trump’s Expanded Green Card Public Charge Rule
The United States plans to use a new rule when deciding some immigration applications.
The rule could make it easier for officials to deny green cards, visas, or entry to people who use certain government benefits.
Several states and cities are suing to stop the rule.
They worry immigrant families will become afraid to get food, healthcare, housing, or other help they are legally allowed to receive.
The lawsuits say the rule gives immigration officers too much freedom and breaks federal rulemaking requirements.
New York Attorney General Letitia James and New York City Mayor Zohran Mamdani are leading separate legal challenges.
The Department of Homeland Security disagrees with the lawsuits.
It says the rule is meant to make sure immigrants are self-sufficient and do not become a burden on taxpayers.
A coalition of 22 states and cities is challenging a new Department of Homeland Security public charge rule.
The rule is scheduled to take effect September 18 in the United States and applies to applications filed on or after that date.
Opponents say the rule could penalize immigrants for legally using healthcare, housing, food assistance, and other benefits.
New York Attorney General Letitia James and New York City Mayor Zohran Mamdani are leading separate federal lawsuits.
The Department of Homeland Security says the policy is intended to ensure foreign nationals are self-sufficient and do not burden taxpayers.
- Who
- A coalition of 22 states and cities, led in separate lawsuits by New York Attorney General Letitia James and New York City Mayor Zohran Mamdani, is suing the Department of Homeland Security and related officials.
- What
- The plaintiffs are challenging a new public charge rule that expands officials’ discretion to deny green cards, visas, or entry based on applicants’ use of government benefits.
- When
- The rule is scheduled to take effect September 18; applications postmarked or filed electronically on or after that date will be subject to it.
- Where
- The lawsuits were filed in federal court in Manhattan, including the United States District Court for the Southern District of New York.
- Why
- The states and cities say the rule is unlawful, exceeds the Department of Homeland Security’s authority, and could discourage immigrants from using legally available benefits; the department says it is intended to promote self-sufficiency.
Critics of the Rule
Department of Homeland Security
Impact on immigrant families
Critics of the Rule
The states and cities say the rule could make families afraid to seek healthcare, food assistance, housing, and other benefits they are legally entitled to receive.
Department of Homeland Security
The Department of Homeland Security says critics are concerned about a reduction in the use of government welfare programs by noncitizens.
Legal authority
Critics of the Rule
The lawsuits argue that the rule is arbitrary and capricious, violates the Administrative Procedure Act, and exceeds the department’s statutory authority.
Department of Homeland Security
The administration is defending the policy as part of its effort to ensure foreign nationals are self-sufficient and do not burden taxpayers.
How benefits should be evaluated
Critics of the Rule
Opponents say officials have not clearly specified which programs could disqualify applicants and could consider nearly any public benefit under individualized evaluations.
Department of Homeland Security
The rule directs officials to make individualized, fact-specific determinations using judgment, discretion, and the totality of each applicant’s circumstances.
- Rule
- A revised federal public charge rule expanding scrutiny of immigration-related applications.
- Effective date
- September 18
- Lead state lawsuit
- Led by New York Attorney General Letitia James
- Second lawsuit
- Led by New York City Mayor Zohran Mamdani
- Plaintiffs
- A coalition of 22 states and cities
- Benefits mentioned
- Healthcare, housing, food assistance, cash assistance, and other government benefits
- Defendants
- The Department of Homeland Security, Secretary Markwayne Mullin, United States Citizenship and Immigration Services, and Director Joseph B. Edlow