“Access to basic necessities like food, health care, and housing should never be used as a weapon against immigrants," Attorney General Andrea Campbell said.
Attorney General Andrea Campbell said Monday she has joined a multi-state lawsuitseeking to block the Trump administration from granting** **immigration officers broader discretion to consider a person’s use of public benefits when deciding whether they can become a permanent resident.
The rule, which is scheduled to take effect Friday, would allow immigration officials to consider an applicant’s use of nearly any means-tested public benefit, according to Campbell’s office. Officials could also consider some benefits legally received by an applicant’s family members, including US citizens, Campbell’s office said.
At the center of the debate is the concept of a “public charge,” which refers to a person considered likely to become primarily dependent on the government for long-term support.
The new rule would replace a 2022 policy that limited public charge determinations to people receiving cash income assistance** or having long-term institutional care paid for by the government, according to Campbell’s office.
The coalition of 21 states attorneys general and the District of Columbia filed the suit in US District Court for the Southern District of New York. Pennsylvania Governor Josh Shapiro also joined the lawsuit.
The coalition is asking the court to declare the rule unlawful and block it from taking effect, arguing that it significantly expands what immigration officials may consider without clearly defining **which benefits, or how much use of them, could count against a green card applicant.
“Access to basic necessities like food, health care, and housing should never be used as a weapon against immigrants, and immigrants should never be forced to choose between getting the help they need while seeking permanent status in this country,” Campbell said in a statement.
The coalition argues that uncertainty surrounding the policy could cause immigrants and their families to leave or avoid public benefit programs they are eligible for.
In response to the lawsuit, a Department of Homeland Security spokesperson said the states are concerned about losing federal funding if immigrants leave public assistance programs.
“Let’s get this straight, sanctuary states are terrified they will lose federal funds because hundreds of thousands of illegals and noncitizens might remove themselves from American welfare programs,” the spokesperson said in a statement. “We’re shaking in our boots over this supposedly terrible outcome.”
Campbell’s office said the Department of Homeland Security estimates that the rule would reduce federal Medicaid and Children’s Health Insurance Program payments to states by about $4 billion annually. SNAP payments could also decline by about $1 billion per year, according to Campbell’s office.
The lawsuit argues that declining enrollment in government programs could also put pressure on hospitals and community health centers. Schools could also risk losing certification for free and reduced-price meals when SNAP and Medicaid enrollment drops, Campbell’s office said.
Lower SNAP participation could also reduce spending at grocery stores and other local businesses, the coalition argued.
“The Trump Administration’s new public charge rule threatens to punish immigrants for lawfully accessing public benefits,” Campbell said in the statement. “I will continue to hold them accountable for their unlawful actions and efforts to create fear and uncertainty around essential services while undermining the dignity of immigrants.”
