NJ joins lawsuit challenging Trump administration’s new ‘public charge’ rule
The rule gives immigration officials broader discretion to consider the use of means-tested public benefits when making public charge determinations.
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New Jersey Attorney General Jennifer Davenport has joined a multistate lawsuit challenging a new Trump administration rule that gives immigration officials broader discretion to consider an immigrant’s use of means-tested public benefits when determining whether the person is likely to become a “public charge.”
Davenport joined 21 other attorneys general in suing the Department of Homeland Security over the rule. The lawsuit was filed in federal court in the Southern District of New York.
Under the 2022 rule, immigration officials could consider an applicant’s reliance on cash assistance for income maintenance or long-term institutionalization at government expense when deciding whether the person was likely to become a public charge.
The new rule allows immigration officers to consider the use of any means-tested public benefit for any length of time, according to the Attorney General’s Office. Those benefits could include Medicaid and the Children’s Health Insurance Program, SNAP food assistance and housing assistance.
The rule also allows officials to consider certain benefits used by family members whom an applicant is legally obligated to support, even if that family member is a U.S. citizen.
The coalition argues the rule violates the Administrative Procedure Act, exceeds DHS’s authority and departs from the longstanding meaning of the public charge provision established by Congress. The attorneys general are asking a federal judge to declare the rule unlawful and vacate it.
The Attorney General’s Office said nearly 2.2 million immigrants live in New Jersey, representing almost a quarter of the state’s population. The office argues the rule could discourage eligible people from seeking health care, food assistance and other benefits and reduce federal funding for state-administered programs.
