Public Charge Rule

On September 14, 2026, a coalition of 22 attorneys general filed a lawsuit against the Department of Homeland Security (DHS) to halt the Trump administration's new public charge rule, which would allow immigration officials to punish immigrants for lawful use of public benefits. The new DHS policy would give immigration officers broad discretion to deny green cards based on use of public benefits. We argue 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.

New York, et al v. DHS