23 States Sue to Block Trump Expansion of Green Card ‘Public Charge’ Test

Twenty-three Democratic-led states and the District of Columbia have sued to block a Trump administration rule allowing officials to consider benefits including food stamps and Medicaid when assessing some applications for permanent U.S. residence.

The rule is due to take effect on Friday, September 18.

It would broaden the government’s interpretation of the “public charge” test used to determine whether certain immigrants seeking green cards are likely to become dependent on public assistance.

Non-cash benefits including the Supplemental Nutrition Assistance Program, commonly known as food stamps, and Medicaid could be considered.

A separate lawsuit has been filed by six cities and counties, including New York City, Chicago, San Francisco and Seattle.

The states argue that the Department of Homeland Security has exceeded its authority and made the standard too vague.

They also warn that families legally entitled to benefits could stop claiming them because they fear jeopardising their immigration status.

No court has ruled the new policy unlawful.

Should permanent residence come with a self-sufficiency test?

The administration is reviving a broader approach to public charge rules pursued during Trump’s first term.

There is a straightforward principle behind it: a country operating a substantial welfare state has an interest in the financial circumstances of people seeking permanent residence.

The harder question is where that test should sit.

Receiving Medicaid or food assistance is not the same as being permanently dependent on the state. Equally, excluding welfare use entirely leaves taxpayers outside an immigration decision with obvious fiscal consequences.

Whatever standard America chooses, applicants need to know what it is before making decisions about benefits they are legally entitled to claim.

The courts will now decide whether Trump’s administration has the authority to draw that line where it has.