New York Leads Lawsuits Against Trump Public Charge Rule

New York Attorney General Letitia James and Mayor Zohran Mamdani filed separate lawsuits this week challenging a federal rule set to take effect September 18. The Department of Homeland Security policy dramatically expands which public benefits count against green card applicants under the "public charge" test.

James leads a coalition of 21 states and the District of Columbia in a suit filed in the Southern District of New York. Mamdani filed a separate suit joined by Chicago, San Francisco, Santa Clara County, Seattle, King County, and the Public Rights Project. The Legal Aid Society filed a third suit Thursday, creating a trifecta of legal challenges.

“At a time when we are facing the reality of being the most expensive city in the United States of America, to see the federal government pursue rule changes and legislation that will make hungry New Yorkers hungrier, that will make poor New Yorkers poorer — it is a slap in the face.”

The new rule allows immigration officers to consider nearly any public benefit used for any length of time, including benefits lawfully received by U.S. citizen children. This reverses a 2022 policy that limited public charge determinations to cash assistance or long-term institutionalization.

DHS estimates roughly 950,000 people may disenroll or avoid enrolling in public assistance programs as a result. James's office said the 2019 version caused dropout rates up to 35% among mixed-status families and 60% among refugees.

The Trump administration argues the change restores the principle of immigrant self-reliance and protects taxpayer resources. A similar 2019 rule was blocked in court and later rescinded by the Biden administration. Litigation is ongoing and it remains unclear how court actions will affect the rule's implementation.