States and Cities Sue Over Trump Administration’s New Public Charge Rule

On September 14th a coalition of states and major U.S. cities filed federal lawsuits challenging the Trump administration’s new public charge rule, giving immigration officers broader discretion when deciding whether certain immigrants may be denied admission or lawful permanent residence.

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.

What Changed?

The Department of Homeland Security rescinded the narrower public charge regulations adopted in 2022.

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.

The rule also significantly expands the public benefits that may be considered. 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.

Receipt of public benefits alone does not automatically result in a public charge finding; officers must evaluate the applicant’s circumstances as a whole.

The administration says the change restores necessary discretion and better reflects federal immigration law and policies encouraging immigrant self-sufficiency.

States and Cities Challenge the Rule

On September 14, New York Attorney General Letitia James led 21 other states and the District of Columbia in filing a lawsuit in the U.S. District Court for the Southern District of New York. California, Illinois, Massachusetts, Michigan, New Jersey, and several other states joined the challenge.

The states argue that the new rule violates the Administrative Procedure Act, exceeds the Department of Homeland Security’s statutory authority, and improperly departs from the longstanding interpretation of the public charge provision. They are asking the court to declare the rule unlawful and vacate it.

New York City filed a separate lawsuit alongside Chicago, San Francisco, Seattle, Santa Clara County, and King County, Washington. That case raises similar arguments and claims the policy could discourage immigrant families from accessing public benefits for which they are legally eligible.

What’s Next

For now, the public charge rule remains in effect. The lawsuits are still in their early stages, and no court has blocked the rule.

Until a court blocks the rule, USCIS will continue applying it to applications covered by the new policy.

The Law Offices of Jacob Sapochnick is monitoring these lawsuits and will provide updates when available.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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