The coalition is seeking to halt the Trump administration's new public charge rule before it takes effect, arguing that it would expand what immigration officials may consider when evaluating certain applications.
New York is leading a coalition of 21 other states and Washington, DC, in a lawsuit seeking to block the Trump administration’s new public charge immigration rule.
States sue Trump administration to block a new DHS rule that would make it harder for some immigrants to get green cards. https://t.co/RquzrKdHHo https://t.co/z1eam8xue5
— CNN Breaking News (@cnnbrk) September 14, 2026
The public charge test is an immigration criterion used to assess whether a person is likely to depend primarily on the government for support.
The new Department of Homeland Security rule is scheduled to take effect September 18 and would replace regulations adopted in 2022.
Under the 2022 rules, the evaluation was generally limited to certain cash assistance intended to maintain income and government-funded long-term institutionalization.
The Trump administration’s policy would permit officials to consider a broader range of public benefits when evaluating the circumstances of certain applicants.
The administration argues that the change restores the principle of immigrant self-sufficiency and protects public resources.
New York Attorney General Letitia James argues that the policy could cause families to stop using benefits for which they are legally eligible.
“Working families should not be forced to forgo the support they need because they fear that seeking help will get them deported,” James said.
The concern is particularly significant in mixed-status households, where family members may have different immigration statuses and some children may be US citizens.
New York also argues that declining enrollment in programs such as Medicaid and SNAP could have broader consequences for schools, businesses, and public systems.
DHS argues that immigrants should demonstrate their ability to support themselves and that the policy is intended to prevent dependence on taxpayer-funded resources.
The states counter that the federal government is expanding the public charge concept too broadly and that DHS exceeded the authority granted to it by Congress.
The lawsuit also alleges that the rule is “arbitrary and capricious,” a legal argument supporting the states’ request to have it set aside under the Administrative Procedure Act.
The lawsuit was filed in the US District Court for the Southern District of New York. New York is also leading a separate legal action alongside cities and local governments.
The coalition is asking the court to declare the rule unlawful and set it aside.
The outcome will determine whether the policy can take effect as planned or whether it will be halted during the legal dispute.
The legal battle will determine how broadly the federal government may apply the public charge test and whether the states can stop a policy they say could affect immigration decisions and access to public benefits for some families.
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SOURCE: The Center Square / CNN
