The RecordExhibit 134
Letting officers deny green cards over almost any public benefit
Pending means: In court or under criminal investigation right now.
A Homeland Security rule that took effect on Sept. 18, 2026 rescinds the 2022 'public charge' rule and lets immigration officers weigh nearly any means-tested public benefit, with no fixed list, when deciding whether a green card or visa applicant is likely to depend on the government.
What happened
The 2022 rule had limited the test to cash assistance for income maintenance and long-term institutional care at government expense. New York's attorney general says the new rule also counts benefits used by an applicant's family members, including U.S. citizen children, such as a child's state health insurance or free school lunch, and sets no limit on which benefits or how much use counts.
The rule applies to people seeking admission or permanent residence, who are legally present; undocumented immigrants generally cannot receive federal means-tested benefits. KQED reports that in California the benefits officers can now consider include Medi-Cal, CalFresh, WIC, housing vouchers, Head Start and local guaranteed-income programs.
The first Trump administration's 2019 public charge rule was blocked by the courts, and the same New York-led coalition won that fight. Fox News reported that the administration had also told embassies and consulates to postpone immigrant visa interviews while consular officers trained on the new guidance.
Where it stands
On Sept. 14, 2026, New York Attorney General Letitia James led 21 states, the District of Columbia and Pennsylvania's governor in a lawsuit in the U.S. District Court for the Southern District of New York, arguing that the rule is arbitrary and capricious, exceeds the authority Congress gave Homeland Security and departs from the long-settled meaning of 'public charge'; they ask the court to declare it unlawful and vacate it.
A coalition of cities led by New York City Mayor Zohran Mamdani, with Chicago, San Francisco, Santa Clara County, Seattle and King County, filed a separate suit. The states say they stand to lose billions in federal funding if immigrants drop out of programs out of fear. We found no ruling in either suit as of Oct. 7, 2026. David Bier of the libertarian Cato Institute told Fox News the states have a good argument and called the rule's open-ended discretion 'essentially the Wild West.'
The administration's side
Homeland Security says the 2022 rule kept officers from making informed decisions and that an applicant's past and current use of benefits is relevant to whether they are likely to become a public charge. In a statement to KQED, the department dismissed critics' concern that states would lose federal funds if people withdraw from welfare programs. It did not respond to Fox News's request for comment on the lawsuits.
Sources
Permanent link: https://unredactedrecord.com/e/publiccharge/