An article summarized by Reuters:
Dozens of Democratic-led states, counties, and cities are suing the Trump administration to block a new immigration rule that would allow officials to deny green cards to applicants deemed likely to become primarily dependent on government benefits. The Department of Homeland Security policy is set to take effect Friday and revives a definition of “public charge” used during Trump's first term.
Under the Biden administration's 2022 rule, immigration officials could consider an applicant's receipt of certain cash assistance and supplemental security income, but not non-cash benefits such as food stamps and Medicaid. The new policy would allow those benefits to be considered again, raising concerns that families may avoid programs they are legally entitled to receive because of potential immigration consequences.
New York, California and Illinois are leading a lawsuit joined by 23 states and the District of Columbia, while New York City, Chicago, San Francisco and Seattle are among the local governments challenging the rule in a separate case. The lawsuits argue that DHS exceeded its legal authority and violated the Administrative Procedure Act by departing from the longstanding definition of public charge. The legal battle could determine whether the administration can enforce the broader standard.
