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

By Gloria Pazmino, CNN

New York (CNN) — New York and 21 other states are suing the Trump administration to block a new Department of Homeland Security rule that would give immigration officials wider discretion to deny green cards, visas or entry into the United States when determining whether applicants could become dependent on government aid.

The rule change, set to take effect Friday, likely would make it tougher for many immigrants to obtain green cards if they use or are deemed likely to need public benefits such as food stamps, Medicaid or housing vouchers.

New York State Attorney General Letitia James and New York City Mayor Zohran Mamdani, who is leading a coalition of cities filing a similar lawsuit, are expected to announce the legal action during a press conference at City Hall on Monday, James’ office said.

The states, whose lawsuit also includes the District of Columbia, argue they would lose billions of dollars in federal funding if immigrants, particularly mixed-status families, disenroll from programs due to fears about immigration consequences.

The lawsuit relates to pending changes to what’s known as the “public charge” rule, a provision of US immigration law that allows the government to deny a visa or green card to someone it determines is likely to become dependent on government assistance.

Historically, immigration officers counted only cash benefits, such as Temporary Assistance for Needy Families or Supplemental Security Income from Social Security, in their evaluations. But the Trump administration’s pending change does not specify which safety net programs should be considered – meaning non-cash benefits like Medicaid and housing vouchers can be.

“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 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.”

The rule focuses on people who already have legal status in the US. Undocumented immigrants are not eligible for public benefits.

James’ lawsuit on New York’s behalf argues DHS is exceeding its authority because Congress did not approve a broader interpretation of what it means to be a public charge. The state along with other plaintiffs will also argue the new rule is “arbitrary and capricious” and that DHS ignored both the harmful consequences of the change and failed to adequately justify it.

The states’ lawsuit, filed Monday morning in the Southern District of New York, does not seek monetary damages from the federal government, but rather asks the court to block the rule, invalidate it and prevent DHS from using it.

CNN has reached out to DHS for comment.

What is the ‘public charge’ rule?

The public charge provision dates to the Immigration Act of 1882. Federal lawmakers at the time wanted to make sure that immigrants would be able to take care of themselves and not end up a public burden. For years, immigration officers only counted cash benefits.

The first Trump administration in 2020 widened the categories of benefit programs that could be considered, including Medicaid, food stamps and housing vouchers. But in 2022, the Biden administration published a rule that again excluded non-cash benefits from consideration, largely reverting to longstanding practice.

The new rule going into effect this week would rescind the Biden-era rule. It is more expansive than the one from the first Trump administration, in that it does not specify which safety nets should be considered, saying only that DHS “will consider the receipt of any means tested public benefits.”

Also, the new rule would allow immigration officers to consider government benefits applied for on behalf of family members, including children who are citizens, Maddie Geschu, director of policy and advocacy at the Protecting Immigrant Families Coalition, told CNN in July.

The change is expected to disproportionally affect cities with large immigrant populations like New York City, which heavily rely on federal funding. Mamdani is expected to announce Monday several local governments – including Chicago, San Francisco, Seattle, California’s Santa Clara County and Washington’s King County – will also file suit in the Southern District of New York, according to a news release.

“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 in a release. “That fear will not stop at the families that the federal government is targeting. Families who remain fully eligible for benefits will feel a chilling effect, and all New Yorkers will pay for it.”

The states bringing the lawsuit say they will bear the cost of the policy, specifically citing the risk of losing federal funding as people drop out of programs, while public agencies face higher costs trying to address confusion and fear. If families stop using benefits they are legally entitled to, such as health care, food assistance and school lunches, the states argue those effects could ripple through public health, local economies, schools and public safety.

The legal documents say New York is particularly vulnerable because of its large immigrant population, its extensive public benefits programs, universal school meals programs and the state’s reliance on federal Medicaid and SNAP funding.

“Defendants estimate that nationwide, states will lose an estimated $4.05 billion in annual transfer payments from the federal government for the States’ Medicaid and CHIP programs alone,” the lawsuit states. “Of that nationwide total, Plaintiff States stand to lose approximately $2.2 billion in reduced federal payments.”

Immigration advocates have long warned the policy could be detrimental for hundreds of thousands of immigrant families especially mixed status families with US citizen children who may opt out of programs or skip applying to benefits they are eligible for out of fear it could jeopardize immigration proceedings.

Besides New York and the District of Columbia, plaintiffs involved in the states’ suit are: California, Illinois, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Nevada, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin.

CNN’s Tami Luhby contributed to this report.

The-CNN-Wire
™ & © 2026 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.