States Sue To Block Trump DHS Public Charge Rule On Green Cards
Nearly two dozen mostly Democratic states, led by New York, sued in federal court in Manhattan on Monday, September 14, 2026, seeking to block the Department of Homeland Security's new public charge rule.[1]
The rule is set to take effect Friday, September 18, 2026.[1] It allows immigration officers to consider use of means-tested benefits such as Medicaid, SNAP and housing aid by applicants and their family members when deciding green card cases.[1] The states say the rule overturns a Biden-era standard that had mainly limited public charge findings to primary reliance on cash assistance and that the rule is unlawful and contrary to congressional intent.[1] New York City and other municipalities filed a separate lawsuit the same day, saying the rule will chill immigrant families from using legally available benefits and harm public health and local services.[1]
A Biden-era standard limited public charge findings mostly to cases where an immigrant primarily relied on cash welfare.[1] The new DHS rule widens the scope by letting officers factor in family members' benefit use and noncash aid in green card decisions, a change the states say exceeds the agency's authority.[1]
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📌 Key Facts
- On Monday, September 14, 2026, nearly two dozen mostly Democratic states led by New York filed a federal lawsuit in Manhattan against DHS's new public charge rule.
- The rule, scheduled to take effect Friday, September 18, 2026, allows immigration officers to consider use of means-tested benefits like Medicaid, SNAP and housing aid by applicants and their family members when adjudicating green cards.
- The policy rescinds a Biden-era standard that limited public charge findings mainly to primary reliance on cash assistance and is alleged by the states to be unlawful and contrary to congressional intent.
- New York City and other municipalities filed a separate lawsuit the same day, arguing the rule will chill immigrant families from using legally available benefits and harm public health and local services.
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