Signal DHS 'public charge' immigration rule takes effect amid state and city lawsuits

Summary

The Department of Homeland Security finalized a rule rescinding the Biden administration's 2022 public charge regulations, with the new rule taking effect on September 18, 2026 for applications submitted on or after that date. The rule expands the types of government assistance that immigration officers can weigh when deciding whether to deny green cards or visas. A coalition of 22 states and the District of Columbia filed a federal lawsuit in the U.S. District Court for the Southern District of New York seeking an emergency injunction to block the rule before it took effect. A separate lawsuit was filed by a coalition of cities led by New York City Mayor Zohran Mamdani, joined by Chicago, San Francisco, Seattle, Santa Clara County, and King County. States argue the rule could discourage eligible immigrants and family members from accessing public benefits; DHS has separately projected that hundreds of thousands could drop benefits out of fear before the rule denies a single green card. As of September 17, no reporting indicated an injunction had been issued blocking the rule's implementation.