States Sue to Block Trump Rule Making Green Cards Harder for Immigrants

A coalition of 22 U.S. states, led by New York, along with several cities, has filed lawsuits to prevent a new Trump administration rule from taking effect. The contested "public charge" rule, scheduled to be implemented on September 18, 2026, would significantly broaden the criteria immigration officials use to deny green card applications. Critics argue the policy would make it harder for immigrants who have utilized a wider range of public benefits to obtain permanent residency.

This new policy rescinds a 2022 Biden-era regulation, reverting to and expanding upon stricter interpretations of the public charge designation. Under the incoming rule, immigration officers will have expanded discretion to consider an applicant's use of nearly any means-tested public benefit, including those for health care, housing, and nutrition, when assessing whether they are likely to become primarily dependent on government assistance. This is a shift from previous standards that primarily focused on cash assistance or long-term institutionalized care.

The lawsuits contend that the rule is unlawful and will lead to detrimental consequences, including negative impacts on public health and increased financial burdens on states. Attorneys general from the challenging states and cities assert that the policy preys on immigrant families' fears, potentially forcing them to forgo essential assistance for which they are legally eligible, rather than risk jeopardizing their immigration status.