Editor’s note: This is a breaking news story. It will be updated as more information is received.
New York City and New York state filed separate lawsuits against the Trump administration Monday to permanently block a public charge rule change. Immigrant rights advocates say families are dropping benefits out of fear that using these could jeopardize their ability to stay in the country.
The “public charge” rule, announced in July, gives immigration officers broader discretion to weigh an applicant’s use of public benefits when deciding whether to grant a green card, visa, entry or reentry into the U.S. It takes effect Friday. Programs like Medicaid, food stamps and housing assistance were excluded from consideration under the previous rule.
New York officials and immigrant rights advocates warned that the rule could force families to choose between feeding their children and securing a green card, or to put off medical care until their health worsens. Officials argue the rule change could result in higher medical costs and deeper income inequality.
“Families, including those with children who are U.S. citizens, have already begun to forgo essential services like SNAP, Medicaid and affordable housing out of the fear that if they use these programs, immigration officers could use it as justification to deny them a future in our country,” Mamdani said at a City Hall press conference announcing the lawsuits on Monday.
Here’s what the public charge rule change means for immigrant New Yorkers:
- Who is affected by the public charge rule change – and who isn’t?
- Does this change who can get benefits?
- I think I am affected by the rule change, or I’m not sure. What should I do?
- What information or benefits will be considered?
- Who is part of the lawsuits?
- Will the lawsuits stop the rule change?
- How many people will be affected?
Who is affected by the public charge rule change – and who isn’t?
This rule can apply to people applying for a green card through a family member, employer or diversity visa lottery, whether they are inside the U.S. or at a consulate abroad. It also applies to green card holders returning to the U.S., who were out of the country for more than 180 consecutive days and/or who have certain criminal convictions or other circumstances. Those applying to change or extend certain nonimmigrant visas may also be affected, unless they fall under an exempt category.
It does not apply to U.S. citizens, to people applying for citizenship, or to green card holders renewing their status. Exempt humanitarian categories include refugees, asylees, U visa and T visa applicants and holders, VAWA self-petitioners, people with Special Immigrant Juvenile Status, TPS and DACA holders, people seeking cancellation of removal, and people under the Cuban Adjustment Act, NACARA, HRIFA or LRIFA.
This tool from KeepYourBenefits.org can help determine whether the rule change may apply to you. Note: It is not a substitute for legal advice.
Does this change who can get benefits?
No. The public charge rule affects immigration decisions, not benefit eligibility.
I think I am affected by the rule change, or I’m not sure. What should I do?
Public officials and immigrant rights advocates urge individuals and families not to disenroll from public benefits and to seek advice from a trusted legal provider first.
New York City residents can call the Mayor’s Office of Immigrant Affairs (MOIA) at 1 (800) 354-0365 for more information or to be connected to legal services. This hotline is free and confidential. More information is available in multiple languages on MOIA’s website. The Legal Aid Society also offers guidance in Spanish, and the Asian American Federation has an explainer in 14 languages.
What information or benefits will be considered?
Immigration officials may consider a person’s age, health, family status, income, education and prior use of public benefits. The new rule also allows officers to consider certain benefits received by household members, including when those benefits are a part of the applicant’s source of financial support.
U.S. Citizenship and Immigration Services said that officers can consider “means-tested public benefits,” such as cash and housing assistance, food stamps and financial aid for college. Immigration experts expect Medicaid and Temporary Assistance for Needy Families (TANF) to be considered. “Earned benefits,” such as unemployment insurance, Medicare and workers’ compensation generally will not be considered.
Benefits received on or after Sept. 18 will fall under this rule change. Anything received before that date is judged under the previous rule, which only counted cash assistance and government-paid long-term care – not Medicaid, food stamps or housing aid.
Who is part of the lawsuits?
New York City is leading a coalition that includes Chicago, San Francisco, Seattle, Santa Clara County, King County, Washington, and the nonprofit Public Rights Project. Attorney General Letitia James is leading a separate suit joined by 21 other states and the District of Columbia. Both were filed Monday in the U.S. District Court for the Southern District of New York.
Will the lawsuits stop the rule change?
It is unclear whether the lawsuits will stop the rule change. Both suits ask the court to declare the rule unlawful and block the federal government from enforcing it. Judges have not been assigned to either case as of Monday afternoon.
How many people will be affected?
Mamdani said at a Monday press conference that he could not immediately provide a number of how many New York City residents would be affected. A simulation study by New York City Health Department researchers projected that premature mortality among immigrant New Yorkers could increase by 4.4% to 10.6% over five years, depending on the extent to which people avoid or disenroll from public benefits. The Department of Homeland Security estimates that more than 950,000 people nationwide may disenroll from or decline to enroll in public benefits.
Community groups had been warning since the rule change was announced this summer about the compounding effects of fear around accessing benefits.
“Our people escaped from the war and genocide and still traumatized with PTSD and is very vulnerable to any misinformation,” said Thida Virak, director of social services and advocacy at the nonprofit Mekong NYC, at a press conference on the public charge rule organized by the Asian American Federation in July. “It is impacting their source of income, causing them panic, frustrations and the circumstances can also escalate and trigger their trauma.”
Ambar Castillo contributed reporting.
