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New Public Charge Rule Takes Effect Amid Lawsuits

Officials can now weigh cash aid, housing help, food stamps and college aid in green card reviews, expanding discretion under the public charge rule.

  • Starting Friday, the Department of Homeland Security implemented a new public charge rule making it harder for immigrants in the United States to obtain green cards if they receive or are deemed likely to need public assistance.
  • The Trump administration characterized the change as aligning federal immigration law with "Congressional intent" that immigrants be "self-reliant and not dependent on taxpayer-funded government benefits," rescinding the narrower 2022 Biden-era rule.
  • New York and a coalition of 21 other states and the District of Columbia sued this week to block the rule under Attorney General Letitia James, while New York City filed a separate lawsuit alongside other municipalities.
  • Murad Awawdeh, executive director of the New York Immigration Coalition, called the broad discretion "precarious," warning officials could deny green cards based on potential future dependency rather than current public charge status.
  • With federal guidance unclear, Queens Assemblymember Jessica Rojas urged New Yorkers to consult legal experts before abandoning needed programs, while New York City Mayor Zohran Mamdani stated, "To get to any of us, you will have to get to any of us.
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New public charge rule takes effect amid lawsuits

The new rule gives immigration officials significantly broader discretion.

·United States
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Lean Right

From this Friday, September 18, the U.S. Citizenship and Immigration Service (Uscis) begins to apply a new guide to determine whether a person applying for green card through a status adjustment could be considered a “public charge.” The change expands the elements that may come into play and modifies the weight of certain public benefits.Uscis's public charge: what changes since September 18The new provision sets out how Uscis officers should c…

·Vicente López, Argentina
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Right

USCIS may consider a wider range of public aid received by certain immigrants applying for permanent residence. The measure enters into force on September 18, although several categories, including those who benefit from the Cuban Adjustment Act, are exempted.

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KOMU 8 broke the news on Friday, September 18, 2026.
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