Chicago and Illinois are challenging a rule from the Trump administration, set to take effect, which gives the federal government more authority to deny green cards to immigrants using welfare benefits. This is the latest legal dispute between Governor JB Pritzker, Mayor Brandon Johnson, and the White House.
The state’s Attorney General, Kwame Raoul, included Illinois in one of two lawsuits filed in the U.S. District Court for the Southern District of New York. The lawsuit names DHS Secretary Markwayne Mullin and Joseph Edlow, director of U.S. Citizenship and Immigration Services, as defendants. Alongside Illinois, a coalition of 22 states and the District of Columbia filed the suit.
Chicago has joined a separate lawsuit led by New York City with San Francisco, Santa Clara County, Seattle, and King County, Washington. Both the cities and states argue that the rule published in July gives excessive discretion to the DHS to restrict green cards and visas for immigrants using Medicaid, food stamps, housing vouchers, or other social programs.
The Trump administration’s rule revises the longstanding “public charge” provision. Previously only cash benefits or long-term care were considered, but the rule now includes any government assistance. Chicago Mayor Brandon Johnson stated that the rule is cruel and unlawful, endangering the city’s health and safety. He vowed to continue legal opposition alongside New York and other cities.
DHS spokesperson Chandler Rebel defended the new rule, claiming that the cities and states opposing it fear losing federal funds due to immigrants potentially removing themselves from welfare programs.
New York City Mayor Zohran Mamdani spoke about the lawsuit filed by a coalition of 22 states, including Illinois, challenging the federal government’s new rule.
The state’s lawsuit argues that non-citizens would face a tough choice between participating in benefit programs and risking their green card eligibility. The suit claims this rule could financially harm states if immigrants disenroll from healthcare and food programs, potentially costing billions in federal funding for projects like the Supplemental Nutrition Assistance Program.
According to A.G. Raoul, the rule punishes immigrants for legally using public benefits. The municipal coalition argues that President Biden’s previous narrower definition of “public charge” acknowledged that supplemental benefits help achieve a better life.
The challenge follows the dismissal of a lawsuit regarding Illinois and Chicago’s sanctuary policies and the blocking of the Trump administration’s National Guard deployment in Illinois. New York Attorney General Letitia James and Mayor Zohran Mamdani are leading the legal challenges.
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