Mamdani and Letitia James Sue Trump Administration Over New Visa and Green Card Rules
New York City Mayor Zohran Mamdani and New York Attorney General Letitia James are leading separate legal challenges against the Trump administration over a new immigration rule that would give federal officials broader authority to deny green cards to immigrants who receive certain government benefits.
The lawsuits were filed Monday in Manhattan federal court just days before the new “public charge” rule is scheduled to take effect. The policy allows immigration officials to consider an applicant’s reliance on government assistance when determining whether that person should be permitted to become a lawful permanent resident.
James is leading a coalition of 22 states and Washington, D.C., challenging the administration’s policy. New York City filed a separate lawsuit alongside Chicago, San Francisco, Seattle and other local governments.
Under the Biden administration’s previous policy, immigration officials could consider benefits including Supplemental Security Income and certain forms of cash assistance when making public-charge determinations, but generally did not consider non-cash programs such as food assistance and Medicaid. The Trump administration’s new rule expands the circumstances officials can examine.
The challengers argue that the new standards are too vague and could discourage immigrants and their families from using benefits they are legally eligible to receive. They also contend that the Department of Homeland Security exceeded its authority and violated the Administrative Procedure Act when establishing the new policy.
James said immigrant families should not have to choose between receiving assistance and protecting their immigration status. Mamdani similarly argued that the policy could discourage New Yorkers from seeking medical care, food assistance and other services because they fear doing so could affect their immigration cases.
The Department of Homeland Security defended the rule and sharply criticized the jurisdictions challenging it. The administration maintains that immigration law has long permitted officials to determine whether applicants are likely to become primarily dependent on government support.
The dispute revives a major immigration fight from Trump’s first term. His administration adopted a broader public-charge policy in 2019, prompting extensive litigation before the Biden administration eventually abandoned that approach and adopted a narrower standard in 2022.
The latest lawsuits ask the federal court to prevent the new rule from taking effect while the legal challenges proceed. With implementation scheduled for Friday, the dispute could quickly become another significant court battle over the Trump administration’s immigration agenda.