Trump Green Card Rule Faces Lawsuit From 22 States Over Immigration Policy

New York and 21 other states, along with the District of Columbia, have sued the Trump administration over the new Trump Green Card Rule, arguing that it could make it harder for some immigrants to obtain permanent residency, visas or entry into the United States.

The Department of Homeland Security (DHS) rule is set to take effect on Friday. It would give immigration officers more leeway in determining whether an applicant may rely on government benefits when making immigration decisions.

Trump Green Card Rule Could Affect Public Benefits

Under the new policy, officials will no longer be constrained to a precise list of public assistance programs when determining whether someone is a “public charge.” Medicaid, food assistance, and housing vouchers may be considered.

According to the states, this may instill anxiety in immigrant families that are lawfully eligible for public programs. Some families may cease using or avoid applying for benefits because they are concerned that doing so will jeopardize their immigration status.

Letitia James, the New York Attorney General, is leading the state-level legal fight. The action, filed Monday in the Southern District of New York, seeks the court to prevent the policy from going into effect.

The states claim that DHS exceeded the authority granted by Congress. They further claim that the department failed to consider the broader implications of the new policy, and that the regulation is arbitrary and illegal.

The lawsuit does not seek monetary compensation from the federal government. Instead, the states want the court to block and nullify the rule, preventing the DHS from enforcing it.

Why States Are Challenging the Public Charge Policy

The public charge provision has been included in US immigration law since the Immigration Act of 1882. It empowers the government to deny certain immigration benefits if an applicant is deemed likely to become reliant on public assistance.

For many years, immigration officials focused on specific cash aid programs. In 2020, the first Trump administration expanded the policy to encompass services including Medicaid, food stamps, and housing assistance.

The Biden administration reversed the shift in 2022, returning to the previous system. The most recent DHS regulation would repeal that Biden-era policy in favor of a broader criteria that includes means-tested public programs.

The new approach could also consider benefits received or requested for certain family members, including children who are US citizens.

States Warn of Billions in Lost Federal Funding

According to New York and the other states, the proposal could lead to financial challenges for state and local governments. They believe that reduced participation in programs like Medicaid and SNAP may result in lesser government funding.

According to the lawsuit, states might lose an estimated $4.05 billion in federal Medicaid and CHIP payments each year. The plaintiff states estimate their total loss to be roughly $2.2 billion.

New York claims it will be particularly harmed due to its big immigrant population and significant public assistance programs. Officials frequently highlight government funded healthcare, food aid, and school lunch programs.

Local governments have also joined the legal fight. Several jurisdictions, including Chicago, San Francisco, Seattle, Santa Clara County in California, and King County in Washington, were anticipated to submit separate challenges.

The states also caution that the ruling may have consequences beyond immigration proceedings. They argue that fear of using benefits may have an impact on healthcare access, schools, local economy, and public services.

The states involved in the action include New York, California, Illinois, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Nevada, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia.