A coalition of 22 states and the District of Columbia is suing the Trump administration to block a new immigration rule giving federal officers broader discretion to consider an applicant’s use of taxpayer-funded benefits when determining eligibility for a green card.
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The Department of Homeland Security rule is scheduled to take effect Friday. It rescinds the Biden administration’s 2022 public charge regulations, which generally focused on cash assistance for income maintenance and long-term institutional care.
Under the new policy, immigration officers may consider means-tested benefits, including Medicaid, as one factor when assessing whether an applicant is likely to become a “public charge.” DHS says receiving benefits alone will not automatically disqualify an applicant. Officers must consider the totality of an applicant’s circumstances, including age, health, family status, financial resources, education and skills.
New York Attorney General Letitia James is leading the states’ lawsuit, while New York City Mayor Zohran Mamdani is heading a separate challenge involving cities and counties. The plaintiffs argue DHS exceeded its authority and left immigration officers with excessive discretion.
“Hardworking families should not be forced to go without the support they need because they fear asking for assistance will get them deported,” James said.
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DHS, however, said in its final rule that federal law places importance on immigrant self-sufficiency and that officers should be able to consider relevant benefit use when determining whether someone is likely to become dependent on public support.
The legal fight revisits a long-running dispute over the meaning of “public charge.” Trump’s first administration expanded the benefits considered in such determinations, while the Biden administration adopted a narrower standard in 2022.
The lawsuits ask a federal court to declare the new rule unlawful and prevent DHS from implementing it.
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