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States and Cities Sue to Block Trump Green Card Rule

Published 15 September 2026

A coalition of Democratic-led states and cities filed two federal lawsuits Monday to block a new Trump administration rule that expands the definition of "public charge" for green card eligibility. The rule, set to take effect Friday, September 18, would allow immigration officers to consider an applicant's use of non-cash public benefits like Medicaid and the Supplemental Nutrition Assistance Program, commonly known as SNAP, when deciding whether to grant permanent residency. The lawsuits, filed in the U.S. District Court for the Southern District of New York, were brought by a group of 23 states and the District of Columbia, led by New York, California, and Illinois. A second suit was filed by a coalition of cities and counties, including New York City, Chicago, San Francisco, and Seattle. The legal challenges argue the rule violates the Administrative Procedure Act by exceeding the Department of Homeland Security's statutory authority and creating ambiguity for applicants. The states' lawsuit contends that Congress never intended for the public charge provision to be used against immigrants who lawfully use temporary or supplemental public assistance.

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