22 states sue over Trump's immigrant wealth test

A rule taking effect September 18 lets officers weigh food and medical aid against green card applicants, and New York is fighting it.

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Sep 14, 2026

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22 states sue over Trump's immigrant wealth test

A rule taking effect September 18 lets officers weigh food and medical aid against green card applicants, and New York is fighting it.

In brief

A rule taking effect September 18 lets officers weigh food and medical aid against green card applicants, and New York is fighting it. The public charge rule works mostly by fear: millions of legally eligible people may drop Medicaid and food aid to protect a family member's shot at a green card. Originally reported…

New York leads the fight

Zohran Mamdani makes an announcement.

New York is heading a 22-state lawsuit against the Trump administration over expanded "public charge" rules. A separate suit from cities, led by New York City, targets the same regulations.

What the rule changes

What the rule changes

Starting September 18, immigration officers can again weigh an applicant's likely future use of food stamps, CHIP, and Medicaid when deciding admissibility. That reverses 2022 rules barring the practice.

Millions could drop coverage

KFF estimates 1.4 million to 4.1 million Medicaid and CHIP enrollees in mixed-status households could disenroll out of fear, even when they qualify.

A century of law tossed

The states and cities argue the rule discards settled law and decades of guidance, handing officers wide discretion to decide cases however they see fit.

“gives officers wide latitude to make decisions that are inconsistent and discriminatory”

He tried this before

Trump pushed a near-identical "wealth test" in his first term. By 2020, some mixed-status families were choosing between a green card and feeding their kids.

Borrowed from 1887

The policy revives a 19th century response to Irish and Italian arrivals. The New York Times backed it in 1887 as a way to block Italy's "monthly consignments of Neapolitan mendicants."

“monthly consignments of Neapolitan mendicants”

The short version

The public charge rule works mostly by fear: millions of legally eligible people may drop Medicaid and food aid to protect a family member's shot at a green card.

Read the original on Mother Jones

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