From Fox News · Landon Mion · · 2m
20 states sue Trump rule on immigrant visas
20 states challenge Trump's new rule that could deny visas and green cards to immigrants using public benefits
In brief
20 states challenge Trump's new rule that could deny visas and green cards to immigrants using public benefits States argue the rule lacks clear definition and risks separating immigrant families Originally reported by Fox News.
States sue DHS rule
Over 20 states and Washington, D.C. sued the Trump administration over a new Department of Homeland Security rule that expands discretion in determining public charge status for visa and green card applicants.
“Hardworking families should not be forced to go without the support they need because they fear asking for assistance will get them deported.”
Rule expands public benefits
The rule allows immigration officials to consider Medicaid, SNAP, and school meal programs when determining if applicants are likely to become dependent on government assistance.
“This rule preys on that fear and counts on families forfeiting the food assistance, health care coverage, and other public benefits to which they are legally entitled.”
States fear funding loss
States argue they could lose billions in federal funding if immigrants avoid public benefits due to fears about the rule.
“My office fought this exact policy once before and won, and we are leading the nation to ensure the Trump administration cannot inflict this harm on families again.”
Cato expert says rule is unclear
Cato Institute's David Bier says the rule lacks a clear definition, leaving officials with broad discretion to interpret what constitutes a public charge.
“It's very hard to predict how courts will look at this issue. It is very unusual regulation though.”
Rule affects immigrant families
Spouses and children of U.S. citizens seeking green cards are most at risk of being separated from their families under the rule.
“The primary population that's going to be affected by this public charge rule are spouses of U.S. citizens and their kids who are trying to receive green cards.”
Trump admin pauses visas
The administration paused global immigrant visa appointments to train officers on the new public charge rule.
“Last month, the administration directed U.S. embassies and consulates around the world to postpone immigrant visa interviews while consular officers complete training on new public charge guidance.”
Rule reverses Biden policy
The rule reverses the Biden administration's 2022 rule that limited public benefits considered for public charge determinations.
“The rule set to take effect this week would rescind the Biden administration's rule.”
Public charge history
The public charge rule originated in the 1882 Immigration Act to ensure immigrants could support themselves without becoming a public burden.
“The public charge provision stems from the Immigration Act of 1882, when federal lawmakers sought to ensure that immigrants would be able to take care of themselves and not become a public burden.”
States' legal argument
States claim the rule exceeds DHS authority because Congress did not approve a broader interpretation of public charge.
“The states' lawsuit argues that DHS is exceeding its authority because Congress did not approve a broader interpretation of what it means to be a public charge.”
Cruel impact on immigrants
New York City Mayor Zohran Mamdani called the rule a 'campaign of violence and terror' against immigrants using public benefits.
“Cruelty is the point. Having a chilling effect on immigrants is the point.”
Rule's future impact
The rule could lead to arbitrary denials of visas and green cards for self-sufficient immigrants who fear using public benefits.
“It's going to result in many of those immigrant families being separated from their American spouse or parent.”
Public charge rule history
The first Trump administration expanded public benefits considered for public charge determinations, but the Biden administration narrowed it back to cash assistance.
“After years of only considering cash benefits, the first Trump administration widened the categories of benefit programs that could be considered a public charge.”
What it means
States argue the rule lacks clear definition and risks separating immigrant families
