Photo: Lakefield, Scott (uploader)
A coalition of 22 Democratic-led states and Washington, DC, led by New York Attorney General Letitia James, is suing the Trump administration to block a new rule that could make it harder for immigrants to obtain green cards. The lawsuit, announced Monday (September 14), challenges the Department of Homeland Security's "public charge" rule, which is set to take effect at the end of this week.
The rule would expand the criteria for denying green cards, visas, or entry into the United States based on an immigrant's potential dependency on public benefits such as food stamps, Medicaid, or housing vouchers. Historically, only cash benefits were considered in these evaluations. The new rule, however, allows immigration officials to consider non-cash benefits, potentially affecting those with legal status in the US.
According to Yahoo News, the lawsuit argues that the rule is "arbitrary and capricious" and that the Department of Homeland Security (DHS) exceeded its authority by broadening the definition of a "public charge" without congressional approval. The states contend that the rule could lead to billions of dollars in lost federal funding if immigrants disenroll from programs due to fears about immigration consequences.
The rule has faced criticism for potentially deterring immigrants from seeking necessary public benefits, which could have ripple effects on public health and local economies. New York City Mayor Zohran Mamdani emphasized the chilling effect the rule could have, saying, "New Yorkers will be afraid to see a doctor or ask for help they are legally entitled to."
The lawsuit, filed in the Southern District of New York, does not seek monetary damages but asks the court to block and invalidate the rule. PBS NewsHour reports that the legal action is part of a broader effort to challenge the rule, with over 60 lawsuits filed by various states and advocacy groups.
The Trump administration argues that the rule ensures immigrants are self-sufficient and not a strain on public resources. However, critics, including NBC News, argue that it discriminates against low-income immigrants and people of color, violating equal protection rights.
The rule's implementation could disproportionately affect cities with large immigrant populations, such as New York City, which rely heavily on federal funding. The lawsuit underscores the potential impact on mixed-status families and the broader immigrant community, highlighting the ongoing legal battle over immigration policy in the United States.