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22 US states sue Trump administration over new green card policy

A coalition of 22 US states and the District of Columbia has sued the Trump administration over a new policy that allows immigration officers to deny green cards based on the use of public benefits.

  • A new policy allows immigration officers to deny green cards based on the use of public benefits.
  • The policy changes a long-established "public charge" rule dating back to 1882.
  • A similar policy during Trump's first term was reversed by the Biden administration.

A coalition of 22 US states and the District of Columbia has sued the Trump administration over a new policy that would allow individual immigration officers to deny green cards based on the use of public benefits. The lawsuit was filed on Monday, 14 September 2026.

The new policy alters a long-established "public charge" rule, which originated with the Immigration Act of 1882. This rule was designed to ensure that newcomers could support themselves without relying on governmental benefits.

New York Attorney General Letitia James stated that "hardworking families should not be forced to go without the support they need because they fear asking for assistance will get them deported." She added that her office previously fought and won against a similar policy.

The current change is described as more expansive than a previous attempt during the Trump administration's first term. It does not specify which safety nets should be considered and allows officers to consider government benefits applied for on behalf of family members, including US citizen children.

The states' filing argues that the policy could lead to states losing billions from the federal government due to reduced use of Medicaid and the Children's Health Insurance Program (Chip). New York City Mayor Zohran Mamdani is leading a separate coalition of cities in a similar lawsuit, stating that "New Yorkers will be afraid to see a doctor or ask for help they are legally entitled to."

Why this matters: The lawsuit challenges a significant change to US immigration policy that could affect immigrants' access to public benefits and potentially lead to financial and health impacts for states and families.

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