On September 14, 2026, two major federal lawsuits were filed in the U.S. District Court for the Southern District of New York, seeking to block the Trump administration's sweeping expansion of the "public charge" rule — a policy that could reshape how millions of immigrants interact with public benefits programs across the country.
The rule took effect on Friday, September 18, 2026, and applies to applications for admission made on or after that date and adjustment-of-status applications filed on or after September 18.
Despite the legal challenges, no court intervened before the effective date, meaning the expanded framework is now operational.
Two Lawsuits, One Target
Letitia James, the attorney general of New York, is leading a coalition of 22 states and the District of Columbia in a legal challenge against the Trump administration's new public charge rule.
Joining the effort are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin, the District of Columbia, and the governor of Pennsylvania.
In a separate but coordinated action,
Mayor Zohran Kwame Mamdani announced that New York City, alongside the City of Chicago, the City and County of San Francisco, the County of Santa Clara, the City of Seattle, King County, Washington and the Public Rights Project, filed a lawsuit challenging the federal government's new public charge rule.
Both cases were filed in the U.S. District Court for the Southern District of New York.
What the New Rule Changes
On July 20, 2026, the U.S. Department of Homeland Security (DHS) issued final regulations lifting current rules used to determine whether an immigrant is likely to become a "public charge."
The Department of Homeland Security rescinded the narrower public charge regulations adopted in 2022.
The Biden-era 2022 regulation had taken a relatively narrow approach.
The 2022 rule narrowed things back down, focusing again on cash assistance and long-term institutionalization, and made clear that only a noncitizen's own receipt of benefits counted.
The new framework is dramatically broader.
Under the new rule, immigration officers must consider at least five factors when deciding whether an applicant is likely to become a public charge: the applicant's age; health; family status; assets, resources, and financial condition; and education and skills.
Officers may also consider employment history and prospects, a required Affidavit of Support, and other information relevant to the applicant's ability to remain financially self-sufficient. For benefits received on or after September 18, 2026, officers may consider an applicant's application for, approval for, or receipt of any means-tested public benefit, including programs such as Medicaid and SNAP.
DHS has signaled it intends for USCIS to consider a much broader range of means-tested government benefits going forward, expressly citing programs like SNAP, Medicaid, CHIP, WIC, housing assistance, school lunch programs, Head Start, and tax credits such as the Earned Income Tax Credit and Child Tax Credit as potentially relevant.
DHS will now allow officers to assess dependence on any public resources to meet needs, under a more flexible "totality of the circumstances" framework. This will effectively eliminate any "bright-line" test in making a public charge inadmissibility determination.
Legal Arguments Against the Rule
The coalition argues that the new rule violates the Administrative Procedure Act because it is arbitrary and capricious, exceeds DHS's statutory authority, and departs from the longstanding meaning of the public charge provision established by Congress.
They are asking the court to declare the rule unlawful and vacate it.
New York Attorney General James framed the issue in stark terms:
"Hardworking families should not be forced to go without the support they need because they fear asking for assistance will get them deported," James said. "This rule preys on that fear."
Mayor Mamdani echoed the concern, stating that
"The new public charge rule seeks to push immigrant families away from the programs that have kept people fed and healthy for decades." He added, "New Yorkers will be afraid to see a doctor or ask for help they are legally entitled to."
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.
According to the Massachusetts Attorney General's office,
schools risk losing automatic certification for free and reduced-price meal programs when SNAP and Medicaid enrollment drops below required thresholds, cutting off meals for eligible students regardless of income or immigration status.
The Administration's Position
There is a long history of considering the likelihood that someone will become reliant on public assistance in making determinations and the Trump administration has characterized the change as a return to previous norms.
DHS posted on social media that it is "restoring the basic principle that immigrants must be able to support themselves."
Receipt of public benefits alone does not automatically result in a public charge finding; officers must evaluate the applicant's circumstances as a whole.
DHS said the narrower policy prevented officers from examining all relevant facts.
Despite the administration's framing,
DHS received 8,846 comments on the proposed rule, the majority of which opposed the rule. Following consideration of public comments, DHS issued this final rule as proposed.
What This Means for Green Card Applicants
For immigrants navigating the green card process, the timing of applications is now critical.
The changes are NOT retroactive; the new policy only applies to adjustment of status (I-485) applications postmarked or e-filed on or after September 18, 2026.
Receipt of means-tested public benefits before September 18, 2026 will be considered consistently with the 2022 Final Rule.
This means applicants who filed their I-485 before the September 18 deadline will have their cases adjudicated under the more favorable Biden-era standard. However, those filing on or after that date face the expanded scrutiny.
Concurrent with the rule's effective date, a new Form I-485 adjustment of status application that is keyed to the new public charge standard will be issued.
Public charge is a statutory ground of inadmissibility that applies to all employment- and family-based adjustment of status applicants and some nonimmigrants in certain circumstances.
The Broader "Chilling Effect"
Immigration advocates and policy experts warn the rule's impact extends well beyond green card applicants.
If clear guidelines are abolished, immigrant families may avoid using any public benefit for which they are eligible — not least because they and the service providers tasked with helping them could be left with no way to predict which usage by any family member could hurt a noncitizen's future immigration prospects.
The lawsuit argues that the disruption will not stop with the families who disenroll from public benefits. When people lose access to health coverage, they delay care and turn to emergency rooms instead, straining hospitals and community health centers, and raising costs for everyone.
What Happens Next
The lawsuits do not automatically suspend the rule.
The plaintiffs must obtain an injunction from the court for the rule to be blocked. Until then, the expanded public charge framework remains in effect for all new applications.
This is not the first time the public charge rule has been litigated.
Before a similar regulation took effect during Trump's first term, various courts enjoined its enforcement. Lawsuits were filed in California, Illinois, New York, Maryland, and other states. The Supreme Court stayed nationwide injunctions issued by district courts in New York and Illinois in January and February 2020.
Given that history, the legal battle may be protracted. Immigrants and their attorneys should closely monitor court filings in the Southern District of New York for any emergency motions or preliminary injunctions that could alter the rule's enforcement.
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Practical Takeaways for Applicants:
- If you filed your I-485 before September 18, 2026, your application will be evaluated under the 2022 public charge standard, which only considered cash assistance and long-term institutionalization.
- If you are filing on or after September 18, be aware that officers now have discretion to consider a much wider range of benefits, including Medicaid, SNAP, CHIP, and housing assistance.
- Benefits received before September 18 will still be evaluated under the prior, narrower standard — even for applications filed after the effective date.
- Consult an immigration attorney before disenrolling from any public benefits. Eligibility for benefits and the public charge analysis are separate legal questions, and hasty decisions can have unintended consequences.
- Stay informed about potential court injunctions that could change how the rule is applied going forward.