Cities coalition files parallel lawsuit before Friday effective date
The new “public charge” rule from the Department of Homeland Security significantly broadens a long-standing immigration standard. Under the historical “public charge” provision, the government could deny a green card or visa to an individual deemed likely to become primarily dependent on government assistance on a long-term basis, and the standard applied only to cash benefits. The revised rule does not specify which programs or types of programs should be considered, meaning nearly all public benefits, used for any amount of time, could count against someone seeking a green card or visa.
The rule change applies only to immigrants with legal status in the United States. It does not affect undocumented immigrants, who are already ineligible for public benefits.
New York Attorney General Letitia James announced the state-level lawsuit Monday at a press conference in New York City. In a statement, James said the rule preys on fear and would force families to forgo assistance they are legally entitled to.
“Hard-working families should not be forced to go without the support they need because they fear asking for assistance will get them deported,” James said in a statement. “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.”
State officials said the rule could cause states to lose billions of dollars in federal funding if people — including U.S. citizens with immigrant family members — drop out of assistance programs out of fear of immigration consequences.
James said in a release that benefits used by family members — even if the family member is a U.S. citizen — could count against an immigrant’s application for citizenship. For example, a child who is a citizen taking part in a free school lunch program could count against their parent’s application for citizenship.
New York City Mayor Zohran Mamdani announced a separate lawsuit filed by a coalition of cities and counties. The coalition includes New York City, Seattle, San Francisco and Chicago.
“The new public charge rule seeks to push immigrant families away from the programs that have kept people fed and healthy for decades,” Mamdani said in a statement. “New Yorkers will be afraid to see a doctor or ask for help they are legally entitled to. That fear will not stop at the families that the federal government is targeting. Families who remain fully eligible for benefits will feel a chilling effect, and all New Yorkers will pay for it.”
Mamdani added that the rule would affect households with mixed immigration status.
“Our immigrant communities are not a burden,” Mamdani said. “They are the people who make New York City and our country great. We will use every tool at our disposal to ensure they can continue to live here with dignity and without fear.”
James’s lawsuit, joined by 21 other states and the District of Columbia, seeks a court order blocking the rule before its Friday effective date. The separate city lawsuit seeks similar relief.