22 States Sue Trump Administration to Block New Green Card Restrictions
A coalition of 22 states and the District of Columbia sued the Trump administration on Monday in an effort to stop a new immigration policy that would give federal officials broader authority to deny green cards to immigrants who use — or are deemed likely to rely upon — certain government benefits.
The lawsuit, filed in federal court in Manhattan, challenges a new Department of Homeland Security approach to the longstanding “public charge” provision of immigration law. The policy is scheduled to take effect Friday, September 18, and would broaden the factors immigration officers may consider when determining whether an applicant is likely to become dependent on government assistance.
New York, California and Illinois are leading the multistate challenge. They are joined by Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Nevada, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin, along with the District of Columbia.
A separate lawsuit was filed Monday by a coalition of local governments led by New York City and also including Chicago, San Francisco, Seattle, Santa Clara County in California and King County in Washington.
At the center of the dispute is the meaning of “public charge.” Federal immigration law has long permitted the government to deny admission or permanent residency to certain immigrants deemed likely to become primarily dependent on the government for support. The controversy is over which government benefits immigration officials may consider when making that determination.
Under regulations adopted during the Biden administration in 2022, officials could consider an applicant’s receipt of certain forms of cash assistance, including Supplemental Security Income, but generally could not count non-cash programs such as Medicaid or the Supplemental Nutrition Assistance Program, commonly known as food stamps.
The Trump administration rescinded that regulation in July. DHS said the change would allow immigration officers to examine a broader range of relevant circumstances on a case-by-case basis when deciding whether an applicant is likely to become a public charge. USCIS said the move was intended to restore the principle that immigrants should be self-reliant rather than dependent on taxpayer-funded benefits.
The new approach echoes a broader public-charge policy adopted during President Trump’s first term that allowed non-cash benefits, including Medicaid and food assistance, to play a greater role in immigration determinations. That policy faced extensive litigation before the Biden administration abandoned it and adopted the narrower 2022 standard.
The states challenging the new policy contend that DHS has gone too far and has failed to clearly spell out which benefits could ultimately jeopardize an immigrant’s green card application. They argue that the resulting uncertainty could cause immigrants and their families to stop using health care, food assistance and other programs for which they are legally eligible.
New York Attorney General Letitia James, who is leading the states’ lawsuit, said the policy could force families to choose between obtaining assistance and protecting their immigration status.
“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.
The states also argue that the rule could impose significant financial costs on state and local governments. They contend that immigrants avoiding Medicaid and other health programs could instead turn to emergency rooms for treatment, while reduced participation in federally funded food-assistance programs could also affect local economies.
The Trump administration has defended the change, saying it is intended to enforce federal immigration law and ensure that people seeking permanent residency can support themselves.
DHS, responding to Monday’s lawsuits, accused the plaintiffs of being “sanctuary states” and “left-wing leaders” who were “terrified they will lose federal funds because hundreds of thousands of illegals and noncitizens might remove themselves from American welfare programs.”
USCIS similarly defended the underlying policy when it announced the rescission of the Biden-era regulation in July.
“The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans,” USCIS spokesperson Zach Kahler said.
The states’ lawsuit argues that DHS exceeded the authority granted to it by Congress and violated the Administrative Procedure Act, the federal law governing how agencies issue and implement regulations. The plaintiffs maintain that the administration’s interpretation departs from the established meaning of the public-charge provision.
New York City Mayor Zohran Mamdani, whose administration is leading the separate local-government lawsuit, said the policy would discourage immigrant families from seeking services for which they qualify.
“The new public charge rule seeks to push immigrant families away from the programs that have kept people fed and healthy for decades. New Yorkers will be afraid to see a doctor or ask for help they are legally entitled to,” Mamdani said.
Unless a federal judge intervenes, the new public-charge policy is scheduled to take effect on September 18. USCIS has also announced that a revised version of Form I-485, the application used by many immigrants seeking permanent residency, will take effect that day, with older versions no longer accepted for applications submitted on or after the effective date.
