Overview
- A coalition led by California Attorney General Rob Bonta and a 22‑state lawsuit led by New York Attorney General Letitia James were filed in federal court in Manhattan to ask judges to vacate and enjoin the rule.
- The rule, finalized by DHS and USCIS in July and set to take effect on Sept. 18, lets immigration officers consider receipt of means‑tested benefits such as Medicaid, SNAP, housing assistance and benefits used by U.S. citizen family members when evaluating green card and visa applicants.
- Plaintiffs argue the administration exceeded its statutory authority, acted arbitrarily and capriciously in violation of the Administrative Procedure Act, and failed to provide adequate notice and reasoned justification for the change.
- City and state officials warn the rule will produce a chilling effect that drives eligible immigrants from programs, which they say could harm public health, increase emergency costs and reduce federal transfers to states.
- The cases are now the immediate test of whether courts will block enforcement before the rule’s Sept. 18 effective date and before USCIS’s revised Form I‑485 is implemented.