US States, Cities and Counties Sue Trump Administration Over Green Card Rule

A group of US states, cities and counties has filed a lawsuit against the Trump administration seeking to block a new immigration rule that could make it more difficult for some immigrants to obtain green cards.

The legal challenge was filed on September 14, 2026, by 23 states, the District of Columbia and six cities and counties. The plaintiffs argue that the new policy could unfairly penalise low-income immigrants who use government assistance programs.

What Is the New Green Card Rule?

The disputed policy concerns the US government's assessment of whether an immigrant could become a "public charge."

Under the new approach, immigration officials would have broader authority to consider whether an applicant has used, or is likely to use, certain public benefits. Programs such as food stamps and Medicaid could become relevant to immigration decisions.

The policy could therefore affect immigrants who are otherwise seeking permanent residency through legal immigration pathways.

Why Are States and Cities Suing?

The states and local governments challenging the policy argue that the rule could discourage eligible immigrants from accessing important public services.

They contend that immigrants may avoid programs such as healthcare or food assistance because they fear that using those benefits could negatively affect their green card applications.

The plaintiffs also argue that the policy could place additional pressure on state and local governments that provide healthcare, social services and other assistance to immigrant communities.

23 States Join the Legal Challenge

The lawsuit represents a broad coalition of Democratic-led states and local governments.

In addition to 23 states and Washington, DC, six cities and counties are participating in the legal challenge. The coordinated lawsuit reflects growing opposition among state and local authorities to the Trump administration's immigration policies.

The case could become another major legal battle between Democratic-led states and the federal government over immigration policy.

Potential Impact on Green Card Applicants

If the rule takes effect, immigrants applying for permanent residency could face additional scrutiny over their financial circumstances and use of government benefits.

Advocates fear that the policy could particularly affect low-income families, immigrants with children and people who rely on healthcare or nutrition assistance.

The uncertainty could also lead some eligible immigrants to avoid public programs altogether, even when they are legally entitled to receive them.

Trump Administration's Broader Immigration Policies

The lawsuit comes amid a broader effort by the Trump administration to tighten US immigration policy.

Recent immigration measures have affected visa processing, green card applications and other legal immigration pathways. Analysts and immigration advocates have warned that increasingly restrictive policies could make the process more difficult for immigrants seeking to establish long-term residence in the United States.

The administration has defended its immigration approach as part of efforts to strengthen enforcement and ensure that immigration benefits are provided under stricter eligibility standards.

Public Charge Policy Under Legal Scrutiny

The latest dispute follows significant changes to the US public-charge framework.

The Department of Homeland Security announced in July 2026 that it would rescind the Biden-era public-charge regulations, while USCIS subsequently issued guidance on how adjudicators would assess public-charge issues under the new framework.

Immigration organisations have raised concerns about the potential consequences of the changes, particularly for immigrants who may depend on public assistance.

What Happens Next?

The lawsuit now moves the dispute into the federal courts. The plaintiffs are expected to seek judicial relief to prevent the rule from being implemented while the legal challenge proceeds.

The court's decision could have significant consequences for immigrants seeking green cards and for state and local governments that provide public services.

The case also adds to a growing series of legal challenges against the Trump administration's immigration policies. The outcome could determine how broadly federal immigration officials can consider public benefits when evaluating applications for permanent residency.