States and Cities File Lawsuit to Block Trump Administration’s Expanded “Public Charge” Rule

Twenty-two states and the District of Columbia have filed a federal lawsuit in the Southern District of New York to block a new Department of Homeland Security rule that would let immigration officials consider any means-tested public benefit—including Medicaid, food stamps and housing vouchers—when deciding on green cards, visas or entry. The rule is slated to take effect the Friday after filing. Plaintiffs seek an injunction to invalidate the rule and stop DHS from applying it.

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The “public charge” provision dates to the Immigration Act of 1882, originally limiting admission to those who could support themselves. Historically, only cash assistance such as TANF or SSI was counted. The Trump administration expanded the definition in 2020 to include non-cash benefits; the Biden administration reversed that change in 2022. The current rule rescinds the Biden policy and broadens the scope without listing specific programs, allowing consideration of benefits applied for on behalf of family members, including U.S. citizen children.

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• Plaintiffs allege states could lose $4.05 billion annually in federal Medicaid and CHIP transfers.

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• They project a $2.2 billion reduction in federal payments to the filing states.

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These figures are cited in the complaint to argue the rule would strain state budgets.

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• Letitia James, New York Attorney General, says the rule “preys on fear” and forces families to forgo legally entitled benefits, exceeding DHS’s statutory authority.

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• Zohran Mamdani, Mayor of New York City, warns the rule will create a chilling effect, causing immigrant families to avoid doctors and assistance programs, impacting all New Yorkers.

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• Trump administration officials argue the policy is needed to protect public resources and enforce the principle that immigrants must be self-supporting.

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Opponents contend the rule goes beyond existing immigration law and would impose a “public burden.” No quantitative counter-argument is offered in the sources.

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• “Hardworking families should not be forced to go without the support they need because they fear asking for assistance will get them deported,” — Letitia James, New York Attorney General

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• “The new public charge rule seeks to push immigrant families away from the programs that have kept people fed and healthy for decades. New Yorkers will be afraid to see a doctor or ask for help they are legally entitled to,” — Zohran Mamdani, New York City mayor

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• “If you are a citizen, or an individual seeking humanitarian relief like asylum, these changes will not affect you,” — Zohran Mamdani, New York City mayor

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