A coalition of 22 states and the District of Columbia filed a lawsuit against the Trump administration on Monday, challenging a new immigration policy that would allow individual immigration officers to deny green cards based on an applicant’s use of public benefits. The policy changes an existing rule known as the “public charge” rule, which has existed since the Immigration Act of 1882. Originally intended to ensure that immigrants could support themselves without relying on government assistance, the rule has been modified over time. During his first term, President Donald Trump attempted a similar policy that expanded the categories of benefits that could be considered, including Medicaid, food stamps, and housing vouchers. That effort was later overturned by the Biden administration after legal challenges.
The new policy is broader than the previous attempt. It does not specify which government benefits should be considered and allows immigration officers to take into account benefits applied for on behalf of family members, including U.S. citizen children. Currently, many immigrants without green cards are ineligible for public benefits programs, even though they pay into them. However, U.S. citizen children are legally eligible for benefits like the Supplemental Nutrition Assistance Program (SNAP) and Medicaid, regardless of their parents’ immigration status. Until now, immigration officers typically did not consider such benefits in their assessments. The new policy would change that, potentially limiting access to federal programs for non-green card holders.
The coalition of states argues that the policy change could have severe consequences. They claim that states would lose billions in federal funding due to reduced participation in Medicaid and the Children’s Health Insurance Program (CHIP). Additionally, people living with noncitizens might avoid signing up for benefits out of fear, which could have negative financial and health impacts for both individuals and communities. In their legal filing, the states said that Congress never intended for the “public charge” rule to be used to penalize immigrants and their families for using legal public assistance. They argue the new policy is an overreach that could harm both immigrants and U.S. citizens.
The lawsuit was led by New York, California, Illinois, and other states, as well as the District of Columbia. New York City Mayor Zohran Mamdani is also leading a separate coalition of cities, including Chicago, Seattle, and San Francisco, in filing a similar lawsuit. Mamdani criticized the new policy, saying it would push immigrant families away from essential programs that have supported people’s health and well-being for decades. He warned that the fear of being targeted could extend beyond the intended group, causing a “chilling effect” that would affect all New Yorkers.
Multiple States Sue Over New Immigration Policy on Public Benefits Use
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