New Jersey has joined a multistate lawsuit seeking to block a new federal immigration rule that would give officials broader authority to consider an immigrant’s use of government benefits when deciding whether to approve a green card or certain other immigration applications.
Attorney General Jennifer Davenport joined attorneys general from 21 other states in challenging the Department of Homeland Security’s new “public charge” rule.
Under the new policy, immigration officials would have broader discretion to consider the use of means-tested public benefits, including Medicaid, the Children’s Health Insurance Program, SNAP food assistance and certain housing programs.
The policy could also allow officials in some circumstances to consider benefits received by family members whom an applicant is legally required to support, even when that family member is a U.S. citizen.
The Trump administration says public-charge rules are intended to ensure that individuals seeking permanent status in the United States can support themselves without becoming dependent on government assistance.
New Jersey and the other states challenging the policy argue that the rule goes beyond federal law and could cause eligible families to avoid healthcare, food and other assistance out of fear that receiving benefits could affect their immigration status.
The new rule is currently scheduled to take effect September 18 unless it is blocked by a court.
The coalition is asking a federal judge to declare the rule unlawful and prevent it from taking effect.
