Twenty-two states together with the District of Columbia have brought a lawsuit against the U.S. government concerning its public charge rule for green card applicants, arguing that the rule discourages eligible immigrants and their families from obtaining public benefits. At the same time, a group of cities, with New York leading the effort, have filed a similar lawsuit.
Background
In July 2026, the Department of Homeland Security (DHS) adopted a rule that abolishes the 2022 public charge rule and gives U.S. Citizenship and Immigration Services (USCIS) officers the power to decide whether an applicant might become a public charge. USCIS published implementation guidance in August 2026. The rule will take effect on 18 September 2026 unless a court takes action.
Why are States Suing?
The states claim the rule could cause immigrants and their families to avoid using public benefits to which they are legally entitled, because they worry that participation might harm future green card applications.
The lawsuit also states that the policy could lead to higher costs for states and local governments because of lower participation in federally funded assistance programs and broader public health and economic effects. The plaintiffs are asking the court to block the rule before it takes effect on 18 September 2026.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical that you get the right advice.