Overview
- Two separate coalitions filed federal lawsuits in Manhattan on Monday seeking emergency orders to stop the rule from taking effect on Sept. 18 and to permanently vacate the policy.
- The July DHS rule reverses the narrower 2022 public‑charge standard and permits immigration officers to consider non‑cash, means‑tested benefits such as Medicaid, SNAP and school meals when deciding green‑card eligibility.
- Plaintiffs argue the rule exceeds DHS’s statutory authority, is arbitrary and capricious under the Administrative Procedure Act, and failed to follow required notice‑and‑comment procedures.
- Public‑health analysts and the plaintiffs warn the rule will chill benefit use; KFF estimated between 1.4 million and 4.1 million Medicaid/CHIP enrollees in mixed‑status households could disenroll out of fear, which could raise emergency health costs and food insecurity.
- DHS defends the change as restoring self‑reliance and rejects the warnings, and federal judges in the Southern District of New York will decide whether to bar enforcement before the rule’s scheduled Sept. 18 start date.