The federal government's new public charge rule takes effect Sept. 18. On Sept. 14, New York City joined five other local governments, including Chicago, San Francisco and Seattle, in filing a lawsuit in the U.S. District Court for the Southern District of New York seeking to have the rule invalidated. A separate lawsuit led by New York State Attorney General Letitia James was filed the same day.
The federal government's new "public charge" rule takes effect Sept. 18. On Sept. 14, New York City, together with the City of Chicago, the City and County of San Francisco, Santa Clara County in California, the City of Seattle, King County in Washington state, and the nonprofit legal organization Public Rights Project, filed a lawsuit in the U.S. District Court for the Southern District of New York (SDNY) seeking to have the rule invalidated. A separate lawsuit led by New York State Attorney General Letitia James was filed the same day.
Public charge is a provision that allows immigration officials to deny a green card or visa if they determine an applicant is likely to depend on government assistance. The new rule broadens the range of benefits that can be considered in the review to cover means-tested programs in general. The local governments in the lawsuit argue that the rule lacks a clear definition and limits, which could lead to inconsistent and discriminatory decisions depending on the officer.
New York City Corporation Counsel Steve Banks said the new rule overturns more than 100 years of precedent and expands the definition of public charge in a way Congress did not intend. New York City Mayor Zohran Mamdani said he is concerned about a chilling effect, in which even people not covered by the rule would be reluctant to apply for health care and food assistance.
Free Immigration Legal Consultations
Fayyaz Ali, commissioner of the city's Mayor's Office of Immigrant Affairs (MOIA), said the rule changes are causing confusion and noted that free immigration legal consultations are available regardless of status. To get a consultation, call the immigration legal help hotline at 1-800-354-0365, or call 311 and say "Immigration Legal" to be connected in the language of your choice. Calls are kept confidential.