Introduction
Chicago and Illinois are opposing a new Trump administration rule set to increase federal authority to deny green cards to immigrants relying on welfare benefits. This legal confrontation involves prominent Democratic figures, Governor JB Pritzker and Mayor Brandon Johnson.
Legal Actions
Illinois Attorney General Kwame Raoul has signed Illinois onto a lawsuit in the U.S. District Court for the Southern District of New York. This lawsuit names Department of Homeland Security Secretary Markwayne Mullin, U.S. Citizenship and Immigration Services, and its director, Joseph Edlow, as defendants. It is backed by 22 states and the District of Columbia. Chicago has joined a separate lawsuit led by New York City, including San Francisco, Santa Clara County, Seattle, and King County, Washington.
Arguments Against the Rule
The plaintiffs argue that the rule gives DHS excessive discretion to restrict green cards and visas for immigrants using Medicaid, food stamps, housing vouchers, or other assistance programs. They claim this is a reversal of President Joe Biden’s policy, which had limited “public charge” considerations to cash benefits and long-term care.
“Chicago will not stand by while the federal government forces immigrant families to choose between putting food on the table, taking their children to the doctor, or protecting their ability to remain in this country,” Johnson said.
Response from DHS
DHS spokesperson Chandler Rebel defended the change, suggesting states and cities fear losing federal funds as immigrants might withdraw from welfare programs due to the rule.
Implications for Non-Citizens
The state’s lawsuit argues that non-citizens face an “.impossible task” of balancing benefit program participation against the risk of jeopardizing green card acquisition. It highlights potential harm to states from immigrants disenrolling from preventive healthcare, food assistance, and school lunch programs, resulting in loss of federal funding.
Financial Impact
Plaintiffs assert they could lose $575 million in federal payments associated with Supplemental Nutrition Assistance Program funding and billions tied to Medicaid and children’s health insurance.
Municipal Coalition’s Argument
The municipal coalition believes Biden’s narrower 2022 “public charge” definition recognized that supplemental public benefits can aid immigrants without indicating future dependence. They consider the new DHS rule overly vague.
“John Adams described a republic as ‘an Empire of Laws, and not of Men,’” the lawsuit states. “Defendants eviscerate this principle with the new public charge ‘rule.’”
Recent Developments
These legal challenges follow last year’s dismissal of Trump’s lawsuit over Illinois and Chicago’s sanctuary policies and the blocking of his attempt to deploy the National Guard in Illinois. New York Attorney General Letitia James and Mayor Zohran Mamdani lead the dual legal challenges.