NYC sues feds over ‘public charge’ rule

New York City Mayor Zohran Mamdani was joined by members of the New York Immigration Coalition, Make the Road New York and Legal Aid Society as his administration announced it is leading a lawsuit against the federal government to block the Trump administration’s updated guidance on the “public charge” rule.

The expansion of the rule, set to take effect on Friday, would give the Department of Homeland Security sweeping authority to deny green cards to U.S. residents based on past and current lawful use of public assistance.  

“At a time when many New Yorkers are already struggling with the rising cost of living, access to public benefits should not be viewed as a sign of dependency,” said Arlene Cruz Escobar, director of health programs at Make the Road New York. “These programs are essential supports that enable families to meet basic needs, safeguard their health and establish a foundation for long-term economic security.”  

The city, joined by municipalities across the country, filed the lawsuit Monday morning in Manhattan federal court. The suit asks the judge to block the federal government’s updated guidance. 

New York based immigration nonprofits raised concerns, among them, arguing the new rules would have a chilling effect on immigrant communities, regardless of whether they qualify for consideration of the “public charge,” or whether or not it goes into effect

“There's other people who aren't impacted who are also disenrolling out of the fear of potentially this rule expanding down the road,” said Murad Awadeh, president and CEO of New York Immigration Coalition in an interview with City & State. “They’re wondering if they should continue to take benefits to feed their kids, or risk potentially losing their immigration status.”        

State Attorney General Letitia James is also leading a concurrent lawsuit along with 21 other states and the District of Columbia over President Donald Trump’s attempt to make it easier to deny green card applications.