New York City Mayor Zohran Mamdani has taken the Trump administration to federal court in an attempt to stop immigration officials from considering welfare use when deciding whether to approve visas and green cards. Mamdani announced the challenge Monday alongside New York Attorney General Letitia James and immigrant advocates at City Hall. The administration’s new “public charge” rule is scheduled to take effect on September 18th. Mamdani and his allies are asking a federal judge to block it before then.
The New York City lawsuit was filed in the U.S. District Court for the Southern District of New York by a coalition of Democratic-led cities and counties. Chicago, San Francisco, Seattle, Santa Clara County and King County joined New York City in the challenge. James filed a separate lawsuit backed by 21 other states and the District of Columbia. Both cases target the Department of Homeland Security and U.S. Citizenship and Immigration Services.
Mamdani opened his announcement by saying that “immigrants are New Yorkers” and presenting the legal challenge as an act of collective resistance against President Donald Trump’s immigration policies. “Like I said once before, to get to any of us, you will have to get through all of us,” he said. Mamdani declared that the situation required “the solidarity and action that it demands.”
According to the coalition’s federal complaint, the cities contend that the rule violates the Administrative Procedure Act and exceeds DHS’s authority. They also claim immigration officers would receive too much discretion when deciding which benefits should count against an applicant. The coalition wants the court to declare the rule unlawful and prevent the federal government from enforcing it. The Public Rights Project, a nonpartisan nonprofit legal organization, is also participating in the case.
The new federal rule, published on July 20th, rescinds the narrower public-charge framework adopted under former President Joe Biden in 2022. Federal law has long allowed immigration officials to reject applicants who are likely to become primarily dependent on government assistance. The Trump administration’s rule permits officers to examine an applicant’s individual circumstances and potentially consider non-cash benefits such as Medicaid and food assistance. The Biden-era rule had generally limited consideration to cash assistance and government-funded long-term institutional care.
“New York City is leading a coalition of cities and counties, including Chicago, San Francisco, Seattle, Santa Clara County and King County, to sue the federal government,” Mamdani said. He accused the administration of the “gross illegality” of its public-charge rule and warned of what he called the “irreparable damage” it would cause while using the “solidarity” language he’s become known for as a self-described democratic socialist and member of the Democratic Socialists of America.
Watch Mamdani announce the lawsuit here:
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Mamdani turned to the separate legal challenge organized by James. “We are filing our lawsuit alongside a separate challenge led by Attorney General James,” he said. “I’m grateful for her partnership in this fight and for everything she has done to stand steadfast alongside New Yorkers.” James’ coalition is making similar arguments that the rule is arbitrary, exceeds the department’s authority and abandons the historical definition of a public charge.
The lawsuit doesn’t ask the court to appropriate new welfare funding, and the rule is not limited to illegal aliens. Public-charge determinations generally arise when noncitizens seek admission, visas or lawful permanent residency. The cities argue that officers could also consider benefits used by an applicant’s family members, including American children receiving school meals or state health coverage. The dispute centers on how broadly immigration officials may examine welfare use when deciding whether an applicant is likely to depend on public benefits paid for almost entirely by citizens.
The Department of Homeland Security dismissed the coalition’s warnings in a statement reported by the Associated Press. DHS said “sanctuary states are terrified they will lose federal funds” if illegal aliens and other noncitizens leave American welfare programs. The department closed its response with a sarcastic jab at the plaintiffs: “We’re shaking in our boots over this supposedly terrible outcome.”
Featured image credit: screengrab from the embedded video.