No Borders NewsNew York Attorney General Letitia James announced a lawsuit, joined by 21 other states and the District of Columbia, challenging a new Department of Homeland Security (DHS) “public charge” rule. The challenge argues the rule would let immigration officers use sweeping discretion to deny green cards based on an applicant’s use of public benefits.
The rule is described as expanding what immigration officials may consider when deciding whether someone is likely to rely on the government for long-term support. The announcement says the new approach would count nearly any public benefit, regardless of how it is used or for how long, and it would apply even when the benefit is used by a family member.
The filing points to examples that could affect families in everyday situations. It says a noncitizen parent’s green card application could be at risk if a U.S. citizen child uses state-provided health insurance. It also says a child’s participation in a school free lunch program could be counted against a noncitizen parent’s application.
According to the announcement, the rule would take effect September 18, 2026, and it does not provide clear limits on which benefits—or how much use—would be counted. The coalition argues that this uncertainty could discourage people from seeking help they are legally entitled to, including food and health coverage.
The announcement also says the states’ lawsuit is separate from another lawsuit led by New York City, filed by a coalition of cities and counties. Together, the lawsuits ask the U.S. District Court for the Southern District of New York to block the rule.