New York City and a coalition of states, counties and other local governments are challenging a Trump administration immigration policy that would give federal officials broader authority to consider an immigrant’s use of public benefits when deciding whether to approve certain green card and visa applications.
Two separate lawsuits were filed Monday in federal court in Manhattan. One was led by New York Attorney General Letitia James, with support from 22 states and Washington, D.C., while the other was filed by New York City, Chicago, San Francisco, Santa Clara County, Seattle, King County, Washington, and the Public Rights Project.
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The administration’s revised “public charge” policy is scheduled to take effect September 18. It would allow immigration officials to consider a wider range of means-tested public assistance, including programs such as Medicaid, food assistance and housing benefits, when assessing whether an applicant is likely to become dependent on government support.
Critics argue that the policy is overly broad and lacks clear standards for determining how the use or potential use of benefits should affect an immigration application. They also warn that the policy could discourage immigrant families from seeking healthcare, food assistance, and other services for which they are legally eligible, creating what officials describe as a chilling effect.
The lawsuits argue that the federal government exceeded its authority and violated the Administrative Procedure Act by adopting the new policy without adequate safeguards. The challengers are asking the court to block the rule before it takes effect.
The policy revives an approach used during President Donald Trump’s first administration. That earlier public charge rule was rescinded under President Joe Biden, whose administration subsequently applied a narrower standard focused primarily on certain cash assistance.
New York City Mayor Zohran Mamdani said the new policy could cause immigrant families to avoid programs that help them remain healthy and financially stable. New York Attorney General James similarly argued that the rule could punish immigrants for using benefits to which they are legally entitled.
The legal challenges come as the Trump administration continues to pursue stricter immigration policies. The outcome of the lawsuits could determine how broadly federal immigration officials can consider an applicant’s financial circumstances and use of public assistance when evaluating applications for permanent residency and certain visas.
