Dozens of Democratic-led states, counties and cities sued to block a DHS rule that would broaden the "public charge" standard and allow immigration officials to consider non-cash benefits like SNAP and Medicaid when deciding green card applications. Two complaints were filed in Manhattan federal court against a rule announced in July and due to take effect Friday. Plaintiffs say the rule lacks clear limits on what benefits count and violates the Administrative Procedure Act by exceeding DHS authority. The suits revive litigation over a policy first expanded in 2019 and later narrowed by the Biden administration.
States and Cities Sue To Block DHS 'Public Charge' Rule That Could Deny Green Cards Over SNAP, Medicaid
FILE PHOTO: New York Attorney General Letitia James speaks during a rally with immigration advocates, on the day of the U.S. Supreme Court ruling allowing the Trump administration to strip Temporary Protected Status (TPS) protections from hundreds of thousands of Haitian and Syrian migrants, in New York City, U.S., June 25, 2026. REUTERS/Eduardo Munoz/File Photo
Dozens of Democratic-led U.S. states, counties and cities filed lawsuits on Monday seeking to block a new Department of Homeland Security (DHS) rule that would allow immigration officials to consider non-cash public benefits—such as SNAP (food stamps) and Medicaid—when deciding green card applications.
Two Lawsuits Filed In Manhattan
The challengers submitted two complaints in federal court in Manhattan against a rule announced in July and scheduled to take effect on Friday. One suit is led by New York, California and Illinois on behalf of 23 states and the District of Columbia; a separate complaint was filed by six cities and counties, including New York City, Chicago, San Francisco and Seattle.
What The Rule Changes
The new DHS policy revives elements of a broader 2019 interpretation from the Trump administration that the Biden administration had abandoned. Under the 2022 Biden-era rule, immigration officers could consider an applicant's receipt of Supplemental Security Income (SSI) or cash assistance, but explicitly could not factor in non-cash benefits such as SNAP and Medicaid. The revised DHS rule would allow those non-cash programs to be weighed again in "public charge" determinations.
Legal Claims And Stakes
State attorneys general say the rule provides no clear limits on which benefits may be counted, creating uncertainty for immigrant families about whether using legally entitled assistance could jeopardize their path to lawful permanent residence. The complaints assert the rule violates the Administrative Procedure Act (APA) by exceeding DHS's statutory authority and by departing from the longstanding meaning of the public-charge provision established by Congress.
"This rule preys on that fear and counts on families forfeiting the food assistance, healthcare coverage and other public benefits to which they are legally entitled," New York Attorney General Letitia James said in a statement.
Legal precedent matters: similar lawsuits produced court rulings against the 2019 policy, and the Biden administration previously withdrew the government's defense of that earlier rule before adopting its own narrower standard in 2022. The outcome of these new suits could determine whether non-cash benefits again become a routine factor in immigration decisions.
The Department of Homeland Security did not immediately respond to requests for comment.
Reporting by Nate Raymond in Boston; Editing by Will Dunham.
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