California and other Democratic-led states and localities filed two lawsuits on September 14, 2026, challenging new rules from the Trump administration that allow immigration officials to deny green cards to applicants whose families have previously used public assistance programs. California Attorney General Rob Bonta stated that these rule changes could rewrite over a century of law by making past use of public benefits grounds for denying legal permanent residency. He argued that this is illegal and would impose significant costs on state and local governments. Bonta emphasized that families should not have to choose between accessing essential services and their immigration status.
San Francisco City Attorney David Chiu described the new policies as an attempt to instill fear in immigrant communities, potentially leading them to withdraw from necessary government services. A spokesperson for the Department of Homeland Security claimed that the lawsuits indicate that immigrants are improperly accessing benefits meant for U.S. citizens.
The lawsuits acknowledge that federal law allows the denial of entry to noncitizens deemed a 'public charge,' but the states argue that the term has historically been understood to refer to individuals who are primarily dependent on government assistance, not those who have used public benefits briefly in the past. The new rules grant immigration officers broad discretion to deny applications based on any prior use of public assistance.
The lawsuits were filed in federal court in New York, with one led by Bonta and joined by the attorneys general of 19 other states and the District of Columbia, and another from several cities including San Francisco, New York City, and Chicago. Bonta noted that the rules could allow immigration officials to deny residency to parents based on their U.S. citizen children accessing public benefits. Chiu pointed out that the new rules expand the definition of 'public charge' to include almost any government assistance.
This legal challenge marks California's 92nd lawsuit against the Trump administration, revisiting a policy battle from the previous administration when similar rules were attempted but ultimately halted. Tony LoPresti, county counsel for Santa Clara County, expressed confidence that the new policy is illegal and harms community members by discouraging them from accessing necessary services.