New York City Mayor Zohran Mamdani and other mayors have filed a lawsuit challenging a federal rule change sought by the Trump administration that would give immigration officers more leeway to deny green cards or visas to lawful immigrants deemed a “public charge,” or someone who relies on certain government benefits.
The rule change, which is set to take effect Friday, would allow immigration officers to consider an applicant’s use of Medicaid or food assistance when making decisions.
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“On September 18, a new public charge rule will give federal officers the discretion to deny green cards or certain visas to individuals who receive benefits like SNAP and Medicaid. No New Yorker should have to choose between accessing the support they’re entitled to, and pursuing a future in this country. That’s why we’re suing the federal government,” Mamdani wrote on X.
“None of this is abstract,” Mamdani said at a City Hall news conference Monday, referring to the rule change. “People could die as a result of these changes.”
He added that up to 4 million people nationwide could drop their health care coverage to avoid being labeled a public charge, including 1.8 million children.
New York State Attorney General Letitia James is leading a separate coalition that filed a concurrent lawsuit.
Arline Cruz Escobar, director of health programs at the immigration advocacy group Make the Road New York, said she has already spoken with lawful immigrant families about whether it is safe to receive food assistance, use Medicaid services for children with disabilities or allow their children to participate in free school meal programs.
“No parent should ever be forced to confront such choices,” she said. “Yet that is precisely the dilemma these policies create.”
The Trump administration has argued that the U.S. should more carefully consider whether to grant green cards or visas to low-income immigrants who rely on government services. A Department of Homeland Security spokesperson also alleged that undocumented immigrants use these programs, the costs of which are reimbursed by the federal government, although it was unclear how that allegation relates to the public charge rule.
“Let’s get this straight, sanctuary states are terrified they will lose federal funds because hundreds of thousands of illegals and noncitizens might remove themselves from American welfare programs,” the spokesperson said. “We’re shaking in our boots over this supposedly terrible outcome.”
According to Politico, the rule change rescinds a Biden-era regulation that limited how immigration officers applied the long-standing “public charge” test. The new rule is set to take effect Friday and applies to immigrants who are lawfully in the country and are applying for changes to their immigration status.
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People who are in the United States unlawfully are generally not eligible for the federal social safety-net programs covered by the rule and would not typically be applying for standard visas or green cards.
New York City is leading a coalition of cities and counties that includes Chicago, San Francisco, Santa Clara County in California, Seattle and King County in Washington. The lawsuit was filed in the Southern District of New York and argues that the Trump administration overstepped legal precedent limiting what immigration officials can consider when deciding whether to deny a green card or visa application on public-charge grounds.