A coalition of 22 states and the District of Columbia has filed a lawsuit against the federal government seeking to prevent the new “public charge” policy from taking effect. In a separate action, several cities and counties—including New York, Chicago, San Francisco, and Seattle—have also gone to court to challenge the measure.
The new policy is scheduled to take effect on September 18, 2026. Unless a court issues an order suspending its implementation, immigration authorities may begin applying it on that date. Simply filing a lawsuit does not, by itself, prevent a regulation from taking effect.
For families applying for permanent residence, understanding how this policy could apply is particularly important. In these circumstances, consulting a Miami immigration attorney can help determine whether the rule affects a particular case and which factors should be reviewed before filing an application.
What does “public charge” mean in immigration law?
Immigration law allows the government to deny admission or permanent residence to certain individuals when it determines that they are likely to become primarily dependent on public assistance.
The regulation adopted in 2022 established more specific parameters. It allowed certain benefits to be considered, such as cash assistance for income maintenance or long-term institutionalization paid for by the government. However, it generally excluded non-cash benefits such as Medicaid and the Supplemental Nutrition Assistance Program (SNAP).
The new policy removes those limitations and gives immigration officers greater discretion to evaluate the applicant’s circumstances as a whole. Among other factors, officers could consider the applicant’s age, health, financial situation, education, skills, and use of public programs.
According to the lawsuit, the new policy does not clearly identify all benefits that could negatively affect an applicant, nor does it establish precise limits on how those benefits should be evaluated.
Why are the states suing the federal government?
The lawsuit, filed in the U.S. District Court for the Southern District of New York under the name State of New York et al. v. U.S. Department of Homeland Security et al. , argues that the Department of Homeland Security exceeded the authority granted to it by Congress.
The states also argue that the policy is arbitrary and capricious and violates the Administrative Procedure Act. They contend that it could allow immigration officials to consider virtually any use of public benefits, including benefits lawfully received by other members of the household.
One of the most controversial issues is the possibility that an officer could consider benefits used by a U.S. citizen child as part of the family’s overall circumstances. For example, according to the interpretation presented by the plaintiffs, a child’s participation in a state healthcare program could potentially have a negative impact on a parent’s application for permanent residence.
Is the new public charge policy already in effect?
No. The policy is scheduled to take effect on September 18, 2026, unless a court issues an order suspending its implementation.
The fact that several states and local governments have filed lawsuits does not automatically mean that the policy has been suspended. The courts will have to determine whether its implementation should be temporarily blocked while they consider the legal arguments raised in the litigation.
For this reason, families should closely monitor court orders and official updates before assuming that the policy has been suspended or is definitively in effect.
Should immigrant families stop using public benefits?
Not necessarily. Families should not cancel benefits or stop seeking medical care or food assistance solely because they are afraid of the new policy.
The public charge rule does not apply in the same way to every person or every immigration benefit. In addition, certain humanitarian categories and other applicants may be exempt.
However, individuals with pending applications for permanent residence or those considering filing should evaluate their individual circumstances before making important decisions.
The impact of the policy will depend on the immigration benefit being sought, who receives the public benefits, the applicant’s immigration category, and the specific circumstances of the case.
How could the new policy affect a permanent residence application?
The new policy could expand the factors an officer considers when determining whether an individual is likely to become a “public charge.” This means that factors such as financial circumstances, health, age, education, employment skills, and use of certain public programs could become more significant in certain cases.
For this reason, a pre-filing legal review may be particularly useful for identifying potential risks and determining what documentation can best support an application.
A Miami immigration attorney can review the applicant’s immigration category, household composition, benefits used, and financial circumstances to determine which issues require particular attention.
What should immigrant families do now?
For now, the litigation is just beginning. The courts will have to decide whether to temporarily suspend the policy while they consider its legality. Until that happens, the scheduled effective date remains September 18, 2026.
Families preparing a permanent residence application should not make decisions based solely on rumors or information circulating on social media. It is advisable to monitor official updates and seek individualized legal advice when circumstances raise questions about how the rule may apply.
This article contains general information and does not constitute legal advice.