US states, cities and counties sue Trump administration over rule that could make green cards harder to get

Twenty-three US states, the District of Columbia and six cities and counties sued the Trump administration on Monday to block a rule that could allow immigration officials to deny green cards to people who use public benefits such as food stamps and Medicaid.

The two lawsuits, filed in Manhattan federal court, challenge a Department of Homeland Security rule that is set to take effect on Friday. The rule says people applying to become lawful permanent residents should not be “public charges” who primarily depend on government benefits.

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What the new rule does

Under US law, immigration officials can deny entry or lawful status to applicants they believe are likely to become primarily dependent on government support.

The Biden-era rule allowed officials to consider an applicant’s current or previous use of Supplemental Security Income and cash assistance. It excluded non-cash benefits such as food stamps and Medicaid.

Those benefits were considered under a 2019 policy introduced during President Donald Trump’s first term and could again be included under the new rule. DHS announced the latest change in July.

The states argue that the rule does not clearly specify which benefits could count against a green card applicant. They say this could leave families uncertain about whether seeking government assistance could affect their immigration status.

“This rule preys on that fear and counts on families forfeiting the food assistance, healthcare coverage and other public benefits to which they are legally entitled,” New York Attorney General Letitia James said in a statement.

New York, California and Illinois are leading the lawsuit filed by 23 states and the District of Columbia. A separate case was filed by six cities and counties, including New York City, Chicago, San Francisco and Seattle.

The lawsuits argue that the rule violates the Administrative Procedure Act because DHS exceeded its legal authority and moved away from the longstanding meaning of the public charge provision established by Congress.

What happens next

The rule is scheduled to take effect on Friday. The states and local governments have asked the Manhattan federal court to block and invalidate it.

The court will consider their legal challenges. Unless the court issues an order stopping the rule, DHS could begin applying the expanded public charge standards from Friday.

Similar lawsuits resulted in court rulings against the earlier Trump administration policy. The Biden administration later stopped defending that policy before introducing its own rule in 2022.