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Immigration News Alert
States Challenge Public Charge Rule Affecting Green Card Applicants
- A coalition of 22 states and the District of Columbia has filed a federal lawsuit seeking to stop the Trump administration’s new public charge rule before it takes effect on Sept. 18, 2026.
States Challenge Public Charge Rule
Letitia James, the attorney general of New York, is leading a coalition of 22 states and the District of Columbia in a legal challenge against the Trump administration’s new public charge rule.
The lawsuit was filed in the U.S. District Court for the Southern District of New York and seeks to block the rule from taking effect.
The states argue the rule gives immigration officers broader discretion when evaluating green card applicants and could discourage eligible immigrants and their family members from accessing public benefits.
A separate lawsuit has also been filed by a coalition of cities led by New York City. The cities argue the policy could increase costs for local governments and discourage eligible individuals from accessing public benefits.
Background on the Public Charge Regulation
In July 2026, the Department of Homeland Security (DHS) finalized a rule rescinding the 2022 public charge regulation and expanding U.S. Citizenship and Immigration Services (USCIS) officers’ authority to assess whether an applicant may become a public charge. USCIS later issued implementation guidance in August 2026. The rule is currently scheduled to take effect on Sept. 18, 2026, unless a court intervenes.
Why the States Are Challenging the Rule
The states argue that the rule could discourage immigrants and their families from accessing public benefits for which they are legally eligible due to concerns that participation could negatively affect future green card applications.
The lawsuit also alleges the policy could increase costs for states and local governments by reducing participation in federally funded assistance programs and creating broader public health and economic impacts.
What’s Next?
The coalition is seeking to block implementation of the rule before its Sept. 18 effective date. Unless a court intervenes, the rule remains scheduled to take effect as planned.
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