States sue to stop Trump rule that would make it harder for some immigrants to get green cards

States Sue to Stop Trump Public-Charge Rule

Activelifezero.com – States sue to stop Trump administration policy that could make green cards, visas and admission to the United States harder to obtain for some immigrants who use, or are seen as likely to use, public assistance. New York, 21 other states and the District of Columbia filed suit against the Department of Homeland Security, seeking to block the rule before it takes effect.

The lawsuit was filed Monday in the Southern District of New York. The states want a federal judge to halt the policy and ultimately declare it invalid, arguing that it could deter legally present immigrants and mixed-status families from seeking benefits for which they are eligible.

How the public-charge policy could change immigration decisions

Federal immigration law allows the government to deny certain immigration benefits to applicants considered likely to become a “public charge,” or dependent on government support. For years, those assessments were generally centered on cash assistance, including Temporary Assistance for Needy Families and Supplemental Security Income.

Under the Biden-era rule issued in 2022, non-cash benefits such as Medicaid, food assistance and housing vouchers were largely excluded from public-charge determinations. The new policy would rescind that rule and allow DHS to consider receipt of any means-tested public benefit.

Unlike an earlier Trump administration rule that identified specific programs that could be weighed, the pending policy does not provide a fixed list. The states argue that the broader wording gives immigration officials too much discretion when deciding whether an applicant qualifies for a green card, visa or entry into the country.

Maddie Geschu, director of policy and advocacy at the Protecting Immigrant Families Coalition, said in July that the policy could also permit officials to examine benefits sought for relatives, including children who are US citizens.

States Say the Rule Could Harm Families and Public Programs

The states suing to stop Trump’s public-charge rule say it could create fear among immigrant households, particularly families with mixed immigration status. Their complaint argues that people may avoid health care, food and housing programs because they worry that participation could affect an immigration application.

Undocumented immigrants are not eligible for public benefits. The dispute concerns people with legal status who may be seeking to adjust or renew that status, obtain a green card or pursue other immigration benefits.

The plaintiffs also contend that widespread withdrawals from benefit programs could cost states billions of dollars in federal funding connected to those services. Large cities with substantial immigrant populations could face especially significant consequences, according to the legal challenge.

“Hardworking families should not be forced to go without the support they need because they fear asking for assistance will get them deported,” New York Attorney General Letitia James said in a release. “This rule preys on that fear and counts on families forfeiting the food assistance, health care coverage, and other public benefits to which they are legally entitled.”

James and New York City Mayor Zohran Mamdani were expected to discuss the challenge at a Monday press conference at City Hall. Mamdani leads a separate coalition of cities pursuing similar litigation, while Chicago, San Francisco, Seattle, Santa Clara County in California and King County in Washington were also expected to bring suit.

What the lawsuit asks the court to do

The legal action does not seek money from the federal government. Instead, the states sue to stop Trump administration officials from enforcing the rule, asking the court to invalidate the policy and prevent DHS from using it in immigration decisions.

The plaintiffs argue that DHS exceeded its legal authority by adopting such an expansive interpretation of the public-charge provision. They also plan to argue that the rule is arbitrary and capricious because the agency did not sufficiently account for potential harm or adequately explain its reasoning.

The case could determine how broadly immigration officials may consider public-benefit use when reviewing applications. Until a court rules or issues an order, immigrants and families affected by the policy may face uncertainty about whether seeking assistance could influence future immigration decisions.

FAQ: What This Means for Immigrants and Families

Does the lawsuit change the rule immediately?

Filing a lawsuit does not automatically stop a federal rule. The states are asking the court for relief that would prevent DHS from enforcing the policy, but a judge would need to grant that request.

Would every immigrant who receives benefits be affected?

No. The issue concerns public-charge assessments for certain immigration decisions, including some green-card, visa and admission cases. Eligibility and possible effects depend on a person’s immigration status, the benefit involved and the application they are pursuing.

Should families stop using benefits they are eligible for?

The lawsuit argues that fear of immigration consequences could cause eligible families to withdraw from essential programs. People with questions about their individual situation should seek advice from a qualified immigration attorney or a trusted nonprofit legal-services provider before making decisions about benefits or an immigration application.