TRENTON, NJ — New Jersey Attorney General Jennifer Davenport joined a multistate lawsuit Monday seeking to block a Trump administration rule that gives immigration officers broader discretion to consider an immigrant’s use of public benefits when reviewing green card applications.
The coalition includes 22 attorneys general, the District of Columbia and Pennsylvania Gov. Josh Shapiro. The lawsuit was filed in the U.S. District Court for the Southern District of New York alongside a separate challenge brought by cities and counties.
Rule takes effect Sept. 18
The Department of Homeland Security’s new rule rescinds regulations adopted in 2022. It allows immigration officers to examine an applicant’s receipt of means-tested benefits and other case-specific information when deciding whether that person is likely to become a “public charge.”
The final DHS rule published in the Federal Register is scheduled to take effect Sept. 18. It applies to admission requests made on or after that date and adjustment-of-status applications submitted electronically or postmarked on or after Sept. 18.
DHS said the 2022 policy placed overly narrow restrictions on immigration officers and prevented them from fully assessing whether an applicant may become dependent on government assistance. The department said the new system restores individualized reviews based on the totality of an applicant’s circumstances.
Davenport warns of impact across New Jersey
Davenport called the rule “cruel and arbitrary” and said it would force families to weigh their need for healthcare and food against the possible effect on an immigration application.
“It forces immigrant families into an impossible position: fearing to seek help to cover their basic needs, including for healthcare or food, because of the risk that their green card applications might be flagged for rejection by an immigration official,” Davenport said.
New Jersey is home to nearly 2.2 million immigrants, representing almost one-quarter of the state’s population, according to the Attorney General’s announcement.
The state argues that fear surrounding the rule could cause eligible people—including U.S. citizens in mixed-status households—to leave or avoid Medicaid, the Children’s Health Insurance Program, SNAP and housing-assistance programs.
States challenge DHS authority
The lawsuit alleges that DHS violated the Administrative Procedure Act by adopting a policy that is arbitrary and capricious, exceeds the agency’s statutory authority and departs from Congress’ established meaning of the public-charge provision.
The attorneys general want the court to declare the 2026 rule unlawful and vacate it before implementation.
DHS acknowledged in its rule that enrollment in public-assistance programs could decline. The agency estimated that reduced or forgone participation could lower combined federal and state transfer payments by approximately $13.05 billion annually.
New Jersey officials contend those reductions would shift costs elsewhere. They cited possible increases in uncompensated hospital care, added pressure on community health centers and lost revenue for grocery stores and other businesses serving SNAP recipients.
The case adds to continuing legal battles over immigration policy and its effect on New Jersey residents.