New York State Attorney General Letitia James led 21 states and Washington, D.C., in suing over the Trump administration public benefits immigration rule on Friday, seeking to block a Department of Homeland Security change that would widen immigration officials’ discretion in public charge decisions. The rule is set to take effect Friday unless a court stops it.
Letitia James and 21 States
James said the suit targets a rule that would let immigration officials consider more than cash assistance when deciding whether certain immigrants are likely to become dependent on government aid. The public charge ground applies to certain immigrants seeking admission or adjustment of status, and the challenge focuses on how much weight officials may give to benefits use before a visa or green card decision is made.
In her statement, James said, “Hardworking families should not be forced to go without the support they need because they fear asking for assistance will get them deported.” She added, “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.”
Biden administration Rule in 2022
The Trump administration’s rule would broaden what officials may consider, while the Biden administration’s 2022 rule generally limited consideration to cash assistance for income maintenance such as TANF or SSI and government-funded long-term institutionalization. James said, “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.”
James said the new rule could allow immigration officials to consider an immigrant’s use of Medicaid, SNAP, and participation in school meal programs. She also said the rule could increase fear among people in immigrant families about interacting with government programs, while the states argue they would lose billions of dollars in federal funding if immigrants pull from benefits because of that fear.
DHS Rule Friday
A separate lawsuit filed Friday by a coalition of cities and led by New York City Mayor Zohran Mamdani also challenges DHS’ rule. The rule does not specify a fixed list of public benefits officials may weigh, leaving immigration determinations to broader case-by-case judgment if the rule takes effect Friday.
For families deciding whether to apply for or keep using benefits, the immediate question is whether a court blocks the rule before it starts. If it does not, immigration officials could begin applying a wider public charge standard to certain applicants seeking admission or adjustment of status.
