More than 20 states are suing the Trump administration over a new Department of Homeland Security rule that would give immigration officials wider discretion in determining what constitutes a public charge, a statute that allows the government to deny visas or green cards to applicants it determines are likely to become dependent on government assistance.
The rule, which is set to take effect on Friday, would expand the list of possible government aid that officials could point to when deciding to disqualify an applicant.
New York State Attorney General Letitia James led a coalition of 21 states and Washington, D.C., in suing the administration over what they describe as punishment for immigrants’ law use of public assistance. New York City Mayor Zohran Mamdani led a separate lawsuit filed by a coalition of cities challenging DHS’ rule.
James said the rule would allow immigration officials to consider an immigrant’s use of benefits like Medicaid, the Supplemental Nutrition Assistance Program (SNAP) and participation in school meal programs when determining whether they could become dependent on government aid. She also said it could lead to more fear of interacting with the government for people who are part of an immigrant family.
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“Hardworking families should not be forced to go without the support they need because they fear asking for assistance will get them deported,” James said in a statement. “This rule preys on that fear and counts on families forfeiting the food assistance, health care coverage, and other public benefits to which they are legally entitled. My office fought this exact policy once before and won, and we are leading the nation to ensure the Trump administration cannot inflict this harm on families again.”
The public charge ground applies to certain immigrants seeking admission or adjustment of status. Most undocumented immigrants are ineligible for federal means-tested public benefits, although limited exceptions exist under federal and state law.
The states argue they would lose billions of dollars in federal funding if immigrants pull from programs over fears about the public charge rule.
Immigration officials under the Biden administration’s 2022 public charge rule generally considered only cash assistance for income maintenance, such as Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI), along with government-funded long-term institutionalization, when determining a public charge.
The rule does not specify a fixed list of public benefits that immigration officials may consider. Instead, it states that officers may consider the receipt of any means-tested public benefits as part of a public charge determination, giving them broader discretion in evaluating applicants.
The states’ and cities’ lawsuits asked the courts to declare the rule unlawful and prevent DHS from using it.
“It’s very hard to predict how courts will look at this issue. It is very unusual regulation though,” Cato Institute Director of Immigration Studies David Bier told Fox News Digital. “I think from that standpoint the states have a good argument that we had a well defined public charge rule and the administration didn’t replace it with some other well defined rule, it replaced it with nothing. So now there’s just discretion to the officers to do whatever they want with the underlying statute. There’s no regulation that clearly says this is what it means to be a public charge in the United States.”
“The rule as it was before this new regulation was you had to be primarily dependent on certain gove
