States Sue to Block Trump Green Card Rule

New York and 21 other states sued the Trump administration Monday over a DHS rule that broadens which public benefits immigration officers can weigh when ruling on green card applications. A separate lawsuit from six cities, led by New York City, was filed the same day.

• The rule takes effect September 18 and does not list specific programs officers must consider.
• DHS estimates roughly 950,000 people could disenroll or avoid enrolling in public benefits.
• $13 billion a year in federal and state benefit payments could be reduced, per DHS's own analysis.
• Officers may also consider benefits used by an applicant's U.S.-citizen children or other household members.

Why it matters: The rule replaces a 2022 Biden-era standard that confined the public charge test largely to cash assistance programs. Critics say the new version gives individual officers unchecked discretion and no clear list of disqualifying benefits.

• Plaintiff states project losing roughly $2.2 billion in federal Medicaid and CHIP payments if immigrants disenroll.
• New York's public hospital system estimates more than 16,000 patients could lose Medicaid coverage, costing tens of millions of dollars in the first year.

How 54 sources split on this story

Where they split: The central dispute is whether the administration is restoring legitimate officer discretion or erasing statutory limits Congress intended to keep narrow.

What’s next: Both lawsuits ask the Southern District of New York to block the rule before Friday's effective date.

• James's office noted it blocked a similar first-term Trump public charge rule through the same court.
• Will a federal judge grant an emergency injunction before the rule takes effect September 18?
• How many green card applicants will immigration officers actually flag under the expanded standard?
• Will the behavioral effects on benefit enrollment match or exceed DHS's own estimates?