Sept. 14 (UPI) — New York, 21 other states and the District of Columbia sued the Trump administration Monday to stop a new rule that would allow immigration officials more power to deny green cards, visas or entry into the United States to those who use — or are considered likely to use — any public benefits.
Letitia James, attorney general of New York, announced the lawsuit Monday at a press conference in New York City. Mayor Zohran Mamdani also announced a similar lawsuit filed by a coalition of cities and counties against the rule.
The new “public charge” rule from the Homeland Security Department would affect many immigrants that use or are deemed likely to use legal public benefits, including Medicaid, food stamps or housing vouchers. It is supposed to go into effect Friday.
The rule change affects only immigrants with legal status in the United States. It does not affect undocumented immigrants, who are already ineligible for public benefits.
“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 representatives said they also would lose billions of dollars in federal funding if people — including U.S. citizens with immigrant family members — drop out of these programs because of the fear of immigration consequences.
“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.”
New York City is joined by cities and counties including Seattle, San Francisco and Chicago in its lawsuit.
The lawsuits involve changes in the “public charge” rule, which allows the government to deny a green card or visa to those likely to become primarily dependent on government assistance on a long-term basis. This historically applied only to cash benefits.
The new changes, however, do 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 citizenship.
This would apply to benefits legally used by family members, even if the family member is a U.S. citizen, James said in a release. 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.
“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.”