Fact-check analysisVerified as of September 14, 2026Curated by FactVerify
Mostly True

Democrats are melting down and rushing to sue Donald Trump in court because effective this Friday, DHS is enforcing the immigration act of 1882 which will BLOCK migrants who use welfare.

While a coalition of states led by New York has initiated litigation to block a new Department of Homeland Security rule regarding public charge determinations, the regulation does not strictly enforce the Immigration Act of 1882 in isolation but rather updates administrative policy to consider welfare usage in green card eligibility decisions.

States Sue to Stop Trump Rule That Would Make It Harder for Some Immigrants to Get Green Cards

States Sue to Stop Trump Rule That Would Make It Harder for Some Immigrants to Get Green Cards

Source: kioncentralcoast.com

At a glance

Key Evidence

Verified September 14, 2026
  • A coalition of 22 states filed a lawsuit on September 14, 2026, to block a new DHS rule that expands public charge considerations for green card applicants.

  • The new rule permits immigration officials to consider the use of non-cash benefits such as Medicaid, SNAP, and housing assistance when evaluating eligibility.

  • The regulation draws upon the public charge doctrine originally established in the Immigration Act of 1882, though it is not a direct enforcement of that specific historical statute.

The reporting

What the Evidence Shows

On September 14, 2026, a coalition of 22 states, including New York, filed a lawsuit challenging a recent Department of Homeland Security regulation. This rule grants immigration officials expanded discretion to deny green card applications if the applicant or their family members have utilized non-cash public benefits such as Medicaid, SNAP, or housing assistance. The administration characterizes the move as an effort to restore principles of self-reliance in the nation's immigration system.washingtontimes.comwashingtontimes.comNew Dhs Rule Penalize Immigrants Who Use WelfareThe administration frames the new rule as a restoration of this principle of self-reliance While the core fact that a major lawsuit has been filed to block a new DHS public charge rule is accurate, the framing is consistent with the...kioncentralcoast.comkioncentralcoast.comStates Sue to Stop Trump Rule That Would Make It Harder for Some Immigrants to...As of September 14, 2026, there is verified reporting that a coalition of states, led by New York, has filed a lawsuit against the Trump administration regarding a new Department of Homeland Security (DHS) rule concerning the "public...

The legal challenge specifically aims to halt the implementation of these updated criteria, which critics argue create significant barriers for legal immigrants seeking permanent residency. While social media claims link this policy to the Immigration Act of 1882, the connection is historical; that 19th-century legislation established the foundational public charge doctrine in federal law, which serves as the legal precedent for the current administrative updates rather than being newly invoked as a standalone enforcement mechanism.allsides.comallsides.comImmigration Welfare Use May Affect Green Card Eligibility Under New Dhs RuleUnder this rule, officials may consider the use of non-cash benefits such as Medicaid, SNAP (food stamps), and housing assistance, as well as benefits received by an applicant's family memberscis.orgcis.orgDHS Rescinds Bidens Public Charge RuleThe "1882" Reference: The claim circulating on social media refers to the Immigration Act of 1882, which established the original "public charge" doctrine in federal law+1 more

Primary trail

Verified Sources4

New Dhs Rule Penalize Immigrants Who Use Welfare

washingtontimes.com
Open source

States Sue to Stop Trump Rule That Would Make It Harder for Some Immigrants to...

kioncentralcoast.com
Open source

Immigration Welfare Use May Affect Green Card Eligibility Under New Dhs Rule

allsides.com
Open source
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