# 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
- Title: 20 states sue Trump rule on immigrant visas · Fox News
- Summary: 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…
- Keywords: public charge rule, immigrant visas, green cards, dhs, states coalition, new york, seattle, nfl, fox news, immigration policy, legal immigration, public benefits
- Source: Fox News — https://foxnews.com/politics/20-states-sue-block-trump-admin-rule-harder-immigrants-obtain-visas-green-cards
- Author: Landon Mion
- Published: 2026-09-17T00:00:00+00:00
- Read time: 2 min
- Topics: public charge rule, immigrant visas, green cards, dhs, states coalition, new york, seattle, nfl, fox news, immigration policy, legal immigration, public benefits
## 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.
## Key takeaway

States argue the rule lacks clear definition and risks separating immigrant families