New York and 21 other U.S. states, alongside the District of Columbia, have sued the Trump administration to block a new immigration rule that could make it more difficult for some immigrants to obtain green cards.
The lawsuit challenges a Department of Homeland Security rule scheduled to take effect on September 18, 2026, which expands the factors immigration officials can consider when determining whether an applicant is likely to become a “public charge.”
Under the new rule, immigration officers would be allowed to consider an applicant’s use of a wider range of means-tested public benefits, including certain healthcare, food assistance and other government programmes. In some circumstances, benefits used by family members could also be considered.
The states argue that the rule could discourage immigrant families from accessing benefits they are legally eligible to receive and contend that the policy violates the Administrative Procedure Act and exceeds the Department of Homeland Security’s authority.
The Trump administration has defended the policy, saying it is intended to ensure that immigrants seeking permanent residency are less likely to become dependent on public assistance.
The lawsuit was filed in the U.S. District Court for the Southern District of New York. A separate lawsuit has also been filed by a coalition of cities and counties, including New York City, challenging the rule.
The legal challenge comes as the administration continues to pursue changes to U.S. immigration policy, with the courts now set to determine whether the new public-charge rule can take effect as scheduled.
