A coalition of 22 states, the District of Columbia, and several local governments filed two separate lawsuits Monday challenging the Biden administration’s new policy that would restrict immigrants’ ability to obtain green cards if they rely on certain public benefits. The rule is set to take effect on Friday.
The states argue that the policy, known as the “public charge” rule, could force immigrant families to decline access to critical public assistance programs, such as food stamps and Medicaid, for fear of jeopardizing their immigration status. They warn this could increase strain on emergency medical services and harm local economies that benefit from federal aid programs.
“Hard-working families should not be forced to go without the support they need because they fear asking for assistance will get them deported,” New York Attorney General Letitia James, who led one of the suits, said in a statement.
The policy marks a return to a more restrictive interpretation of public charge determinations—a test used to assess whether an immigrant is likely to become primarily dependent on government support. Historically, this assessment focused on cash assistance and long-term institutional care, but the new rule broadens the scope to include programs such as the Supplemental Nutrition Assistance Program (SNAP), Medicaid, and housing subsidies.
According to immigration advocates, the rule could discourage many immigrants from enrolling in public benefit programs even if their U.S. citizen children are eligible to receive assistance, potentially undermining public health and welfare. The Department of Homeland Security (DHS) estimated the policy might cause roughly 950,000 people to forgo or unenroll from these programs.
One of the lawsuits, filed by the states plus the District of Columbia, contends that the policy’s restrictions would harm not only immigrant families but also the broader public. The second suit, spearheaded by Maya Zorhran Mamdani of New York and joined by cities including Chicago, San Francisco, Seattle, Santa Clara County, and King County, highlights how the policy has already led some families to avoid benefits like food stamps, Medicaid, and affordable housing programs.
“Denying people services does not erase their need,” Mamdani said at a Monday news conference, where she was joined by elected officials and immigrant advocates. “It compounds it, generating a greater cost to our system that will be placed on the backs of working people for years to come.”
The Biden administration declined to comment on the lawsuits. The public charge rule is part of a broader effort by DHS to tighten immigration enforcement through what officials have described as less visible methods, including limiting immigrants’ access to jobs and federal programs, ahead of the midterm elections. This approach revives efforts from the Trump administration’s first term, which were halted after facing legal challenges and later reversed.
