New York City and local governments sue DHS over attack on immigrants’ access to public benefits

For immediate release: September 14, 2026

Media contact: Jackie Jena, jackie@publicrightsproject.org

NEW YORK — Local governments filed a lawsuit today challenging the federal government’s new rule that would make it harder for millions of immigrants to enter or stay in the country if they use government benefits such as Medicaid, food stamps or housing assistance. Public Rights Project represents Chicago and Seattle and is serving as co-counsel in the case alongside attorneys for New York City, San Francisco, Santa Clara County, King County and Seattle.

The cities and counties are challenging the Department of Homeland Security (DHS)’s redefinition of the public charge rule, set to go into effect on September 18. The rule would give immigration officials sweeping power to consider a person’s use of public assistance when deciding their immigration status, ignoring a century of settled law and decades of federal guidance establishing clear limits on how public charge determinations can be made.

Cities and counties with large immigrant populations would experience the most harm. For example, New York is home to 3.1 million immigrants and 60% of children in Santa Clara County have at least one immigrant parent.

“Getting help when you need it is not the same as being dependent on the government,” said Toby Merrill, litigation director at Public Rights Project. “But this administration is trying to blur that line to make it harder for immigrant families to access basic services. That will hurt families and entire communities, while leaving local governments to deal with the public health and financial consequences. DHS cannot rewrite the law to push essential services out of reach.”

The rule would have far-reaching impacts for local governments across the country, including:

• 1.3 million people — including 600,000 children — would be stripped of basic care and lifesaving coverage. DHS estimates a 10% disenrollment rate of immigrants using food, housing and health care programs.
• Public health risks, including a spike in emergency room costs. Public health harms would balloon as large populations stop seeking medical care, like immunizations and routine screenings. New York City would see 6,000 fewer annual primary care visits.
• Harm to childhood education. Children would be forced to withdraw from free or low-cost education programs. About 19% of Seattle residents and 26% of King County residents rely on these programs
• Financial and economic losses. Programs like SNAP help stimulate state and local economies. San Francisco could see a 10% disenrollment rate, causing the city to lose roughly $7 million.

“The new public charge rule seeks to push immigrant families away from the programs that have kept people fed and healthy for decades,” said Zohran Kwame Mamdani, mayor of New York City. “New Yorkers will be afraid to see a doctor or ask for help they are legally entitled to. That fear will not stop at the families that the federal government is targeting. Families who remain fully eligible for benefits will feel a chilling effect and all New Yorkers will pay for it. New York City is proud to lead a coalition of cities and counties — Chicago, San Francisco, Santa Clara County, Seattle and King County — standing firmly against this cruel and unlawful rule. Our immigrant communities are not a burden. They are the people who make New York City and the country great. We will use every tool at our disposal to ensure they can continue to live here with dignity and without fear.”

Congress has consistently refused to expand the public charge definition to include noncitizen applicants who receive basic, non-cash assistance from programs designed to promote stability and upward mobility. Courts have already ruled that redefining “public charge” to include short-term or partial use of public benefits violates the Immigration and Nationality Act. 

The case is New York City v. Department of Homeland Security and is filed in the U.S. District Court for the Southern District of New York. Public Rights Project is representing the plaintiffs.

Read the lawsuit here and the full list of partner quotes here.

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