New York and more than a dozen other Democratic-led states filed suit Monday to block the Trump administration from allowing federal officials to broadly deny green cards based on an immigrant’s welfare status.
The lawsuit, filed in Manhattan federal court, accuses the feds of unlawfully expanding the definition of the “public charge” rule — which allows immigration officials to consider whether an applicant for a visa or green card would primarily depend on taxpayer-funded benefits, such as food stamps and Medicaid.
“Hardworking families should not be forced to go without the support they need because they fear asking for assistance will get them deported,” said New York Attorney General Letitia James, who led the coalition of 22 states and Washington, DC, to challenge the change.
New York City Mayor Zohran Mamdani speaks at a press conference at City Hall in Manhattan, Monday, Sept. 14, 2026. Stephen Yang for NY Post
Mamdani and NY Attorney General Letitia James filed a joint lawsuit against President Donald Trump’s administration. Stephen Yang for NY Post
“This rule preys on that fear and counts on families forfeiting the food assistance, health care coverage, and other public benefits to which they are legally entitled,” James said.
Mayor Zohran Mamdani’s administration filed a separate suit with a coalition of other Democratic local governments, including Chicago, Seattle and San Francisco. The filing argues that considering any means-tested or income-based benefit eligibility was discriminatory and subjective.
“New Yorkers will be afraid to see a doctor or ask for help they are legally entitled to,” Hizzoner said. “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.”
President Trump’s admin announced the new rule in July and it is set to go into effect on Friday.
A similar rule change was attempted during Trump’s first term, but it was held up in court for years until President Joe Biden took over the White House and ended the policy push.