A family can be entitled to food assistance or medical care and still be afraid to ask for it. That is the problem Mamdani and Letitia James are taking to court: a federal rule that could turn lawful use of public benefits into a risk when applying for a green card or certain visas.
On 14 September, Mamdani announced a lawsuit brought by New York City and five other cities and counties. James launched a separate case with 21 other states and the District of Columbia. Both were filed in the Southern District of New York. They appeared together, but they are leading two cases.
The city's coalition includes Chicago, San Francisco, Santa Clara County, Seattle and King County, with support from Public Rights Project. The challenge is to the public charge rule, rather than immigration enforcement as a whole.
The benefits test
Public charge is an assessment of whether someone seeking admission or permanent residence is likely to become dependent on government support. The 2022 regulation limited which benefits immigration officers could consider. DHS is removing those limits and giving officers wider discretion.
The administration says this protects taxpayers and allows each application to be judged on its own circumstances. James argues that the rule goes beyond the power Congress gave DHS and is too broad and unclear to be lawful. Her case challenges it under the Administrative Procedure Act.
The cost of making people afraid
Mamdani's case is that the damage will begin before an officer rejects an application. If families think visiting a doctor or accepting food assistance could put their immigration status at risk, some will avoid help they are legally entitled to receive.
That does not make the need disappear. Cities still have to deal with untreated illness and families struggling to meet basic costs. Public Rights Project identifies Medicaid, food assistance and housing support among the services at issue. Its argument is straightforward: needing some help is not the same as being primarily dependent on government.
A fight in court, not a victory yet
Mamdani has put the city's lawyers behind his opposition to the rule and brought other local governments with him. James is challenging it from the state side. They are asking the courts to intervene before the planned 18 September start.
Launching the cases does not stop the rule. That requires a court order. The 14 September announcements describe the challenges, not a judicial decision in their favour.
Help for families
The city's advice is not to abandon benefits or services you need without speaking to a trusted legal provider. Its MOIA guidance, updated 18 August, gives 18 September as the earliest start date, subject to court action.
The rule does not apply to every immigrant. MOIA says citizenship applications and ordinary green card renewals are outside it, with exemptions for certain humanitarian categories. The effect on an individual application needs qualified legal advice.
Free, confidential immigration legal help is available in your preferred language. Call MOIA at 800 354 0365 during its published opening hours, or call 311 and say Immigration Legal. Use the official guidance for current information before deciding whether to change your benefits.