States, Cities File Suit To Stop New Public Charge Immigration Rule

Democratic led states, counties and cities filed two lawsuits Monday seeking to block a federal rule that would let immigration officials deny green cards to applicants who use public benefits like food stamps and Medicaid. The rule is scheduled to take effect Friday.

What The New Rule Changes

The policy revives a stricter “public charge” standard first adopted in 2019, which was later replaced by a narrower version under the previous administration in 2022. That earlier version allowed officials to weigh cash assistance and supplemental security income but excluded non-cash benefits. The revived rule brings food stamps and Medicaid back into consideration.

States Argue The Rule Is Unlawful

Twenty-three states and the District of Columbia, led by New York, California and Illinois, filed one suit. A separate case came from cities and counties including New York City, Chicago, San Francisco and Seattle. Both lawsuits claim the rule violates the Administrative Procedure Act by exceeding the agency’s authority and departing from Congress’s original intent. New York’s attorney general said the policy pressures families into giving up benefits they are legally entitled to receive out of fear it could hurt their immigration status.

Courts blocked a similar rule during the rule’s first attempt in 2019.