Key facts
- Dozens of Democratic-led states, cities, and counties are suing to block a new U.S. immigration rule.
- The rule allows immigration officials to deny green cards to individuals who use public benefits like food stamps and Medicaid.
- The Department of Homeland Security rule is set to take effect on Friday.
- The new policy revives a 2019 Trump-era rule that was previously abandoned by the Biden administration.
- Lawsuits argue the rule violates the Administrative Procedure Act and exceeds DHS's authority.
- New York, California, and Illinois are leading a coalition of 23 states and D.C. in one lawsuit.
Dozens of Democratic-led U.S. states, counties, and cities filed lawsuits on Monday to block a new immigration rule that would allow officials to deny green cards to individuals who utilize public benefits such as food stamps and Medicaid. The rule, announced by the Department of Homeland Security in July and set to take effect on Friday, revives a policy from the 2019 Trump administration that was abandoned under President Joe Biden's administration.
Under the Biden-era rule adopted in 2022, immigration officials could consider prior or current receipt of supplemental security income and cash assistance, but not non-cash benefits like food stamps and Medicaid. The new policy allows these non-cash benefits to be considered again.
The lawsuits argue that the new rule violates the Administrative Procedure Act by exceeding the Department of Homeland Security's statutory authority and departing from the longstanding meaning of the public charge provision established by Congress. New York Attorney General Letitia James stated that the 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, California, and Illinois are leading a lawsuit filed by 23 states and the District of Columbia. A second case was filed by six cities and counties, including New York City, Chicago, San Francisco, and Seattle. Similar lawsuits previously led to rulings against the prior Trump administration rule.