--- title: States Sue Over Public Charge Rule Before Sept 18 description: 22 states sued on 14 Sept 2026 to block the DHS public charge rule before 18 Sept. What I-485 filers should prepare now. image: https://migrantiq.com/uploads/blog/22-states-sue-to-block-dhs-public-charge-rule-before-18-sept-1789448826199.webp --- Skip to content Ad spot · 728×90Advertise on MigrantIQBuy this spot [/advertise/?format=leaderboard] Citizenship & Permanent Residence [/blog/topics/citizenship-and-permanent-residence/]Reviewed Sep 2026 22 STATES SUE TO BLOCK DHS PUBLIC CHARGE RULE BEFORE 18 SEPTEMBER Share Reading 0% ~5 min left States Sue Over Public Charge Rule Before Sept 18 [/api/blog/media/22-states-sue-to-block-dhs-public-charge-rule-before-18-sept-1789448826199.webp] On 14 September 2026, 22 states and several cities sued to block a DHS public charge rule set for 18 September. Here is what Form I-485 filers need to prepare now. On 14 September 2026 [/blog/state-department-restricts-visas-for-birth-tourism-facilitators-from-23-sep/] New York Attorney General Letitia James led 21 other states plus the District of Columbia in a lawsuit against a Department of Homeland Security [/blog/dhs-proposes-ending-60-day-grace-period-after-work-visa-job-loss/] public charge rule set to take effect on 18 September 2026. A second suit from New York City, Chicago, San Francisco, Seattle, Santa Clara County, and King County reached the same Manhattan federal court the same day. Both cases ask judges to stop the rule before green card filings under Form I-485 feel the new standard. If you plan to file for lawful permanent residence [/blog/armenia-moves-residence-permits-online-and-raises-fees-from-1-november-2026/] on or after 18 September 2026, read the official USCIS guidance now. Older public charge rules no longer match what officers plan to apply after the effective date, unless a court blocks the change first. WHAT CHANGED IN THE DHS PUBLIC CHARGE RULE DHS published the final rule in the Federal Register on 20 July 2026. The rule rescinds the 2022 public charge regulations. USCIS issued Policy Manual guidance on 18 August 2026 explaining how officers will decide whether an applicant for adjustment of status [/blog/uscis-rejects-older-form-i-485-editions-from-18-september-2026/] is likely at any time to become a public charge. Under the 2022 framework, officers weighed cash assistance for income maintenance and long-term institutionalization at government expense. The new framework widens the review. For means-tested public benefits received on or after 18 September 2026, USCIS plans to consider cash aid, housing assistance, food stamps, financial aid for college, and other similar benefits in the totality of each case. Benefits received before 18 September 2026 stay under the narrower 2022 approach for cash assistance and long-term institutionalization. Timing of your filing date and timing of any benefit use both matter. WHO FACES THE PUBLIC CHARGE GROUND USCIS lists family preference categories, employment-based preference categories, investors, Diversity Visa [/blog/state-department-cable-reopens-refused-immigrant-and-diversity-visa-cases/] immigrants, and many other adjustment applicants as subject to the public charge ground. Refugees, asylees, certain VAWA self-petitioners, T and U nonimmigrants, Special Immigrant Juveniles, and several other groups stay exempt under statute. Officers must still weigh five statutory factors: age, health, family status, assets and financial status, and education and skills. Form I-864, Affidavit of Support Under Section 213A of the Immigration and Nationality Act, also stays part of the record when required. * Family-based adjustment applicants with a required sponsor * Employment-based adjustment applicants subject to the ground * Diversity visa immigrants adjusting inside the United States [/countries/united-states/] * Other preference categories listed in the 18 August 2026 USCIS alert WHY STATES AND CITIES SUED ON 14 SEPTEMBER Reuters reported the dual lawsuits on 14 September 2026. The state coalition argues the rule exceeds DHS authority under the Administrative Procedure Act and breaks from the longstanding meaning of public charge as primary dependence on government for subsistence. New York Attorney General Letitia James said the rule pressures families to drop food assistance and health coverage out of fear for immigration status. The New York Attorney General press release states DHS itself predicts a chilling effect costing states about $4.05 billion a year in Medicaid and CHIP funding and about $1 billion a year in SNAP funding nationwide. Plaintiffs also say officers would gain wide discretion over almost any public benefit, including benefits used by family members who hold U.S. citizenship. As of 15 September 2026 no nationwide injunction has frozen the 18 September start date. Treat the rule as scheduled until a court order says otherwise. Check the Southern District of New York docket and USCIS alerts each morning if your packet goes out near the deadline. WHAT YOU SHOULD DO BEFORE 18 SEPTEMBER 2026 Confirm whether your immigration category is subject to public charge review. Exempt categories follow a different checklist. Subject categories need a clean package and a clear financial story. * Download the current Form I-485 edition from uscis.gov before you print or file online * Gather tax returns, pay stubs, bank statements, and any Form I-864 package early * List every means-tested benefit in your household and the start date for each benefit * Ask your attorney whether a public charge bond invitation under Form I-945 fits your risk profile * Avoid last-minute benefit enrollment changes without legal advice tied to your case facts USCIS says officers sometimes invite an applicant to post a public charge bond when inadmissibility rests only on the public charge ground. Applicants submit Form I-945 only after USCIS issues a Notice of Intent to Deny with a bond invitation. Unsolicited bonds will not be accepted. HOW THE RULE TIES TO YOUR I-485 TIMING The Federal Register and USCIS both state the rule applies to applications for adjustment of status postmarked or electronically submitted on or after 18 September 2026, and to applications for admission made on or after the same date. A packet mailed or filed before 18 September 2026 follows the prior framework for benefit review windows described in the USCIS alert. If your priority date is current and your medical exam, police certificates, and Affidavit of Support are ready, filing before the effective date keeps your case under the older benefit analysis for pre-effective-date benefit history. Rushing a thin packet creates denial risk for other reasons. Balance speed against completeness. PRACTICAL NEXT STEPS FOR GREEN CARD APPLICANTS Read the USCIS alert titled USCIS Issues Guidance on Making Public Charge Inadmissibility Determination. Cross-check the Federal Register entry for Public Charge Ground of Inadmissibility published 20 July 2026. Follow Reuters and official court filings for injunction news between 15 September and 18 September 2026. Keep copies of every benefit letter, termination notice, and household income document. Write a short timeline of benefit start and end dates for your attorney. Update your My Plan checklist on MigrantIQ with the 18 September date so you track the filing window against your corridor documents. State and city lawsuits raise a live legal fight. Your filing strategy still needs official USCIS instructions, not headlines alone. Confirm every form edition, fee, and supporting paper on uscis.gov the day you submit. Feedback WAS THIS ARTICLE HELPFUL? Your answer helps us improve guides and editorial priorities. YesNo Plan your next step with free tools Run the Move Planner or browse corridors — governments make every official decision. Open Move Planner → [/tools/planner/]Browse corridors [/move/] RELATED GUIDES * UK MOVES TO 10-YEAR DEFAULT WAIT FOR SETTLEMENT UNDER EARNED SETTLEMENT PLAN The UK will raise the default wait for indefinite leave to remain from 5 to 10 years, with 3-year and 5-year paths for high earners and public service workers. Here is who qualifies, the new B2 English and earnings tests, and what care workers should know. [/blog/uk-moves-to-10-year-default-wait-for-settlement-under-earned-settlement-pla/] * US REQUIRES NEW FORM I-129 EDITION FROM 9 NOVEMBER 2026 From 9 November 2026, USCIS accepts only the 09/09/26 edition of Form I-129 and closes the grace period for old mailing addresses. Here is what H-1B, L-1 and other workers need to check before an employer files. [/blog/us-requires-new-form-i-129-edition-from-9-november-2026/] * US MAKES END OF AUTOMATIC EAD EXTENSIONS FINAL FROM 14 OCTOBER 2026 DHS has finalized the end of automatic work permit extensions, effective 14 October 2026. If you file an EAD renewal now, your card stops on its printed end date unless USCIS approves the renewal first. Here is who is affected and how to plan. [/blog/us-makes-end-of-automatic-ead-extensions-final-from-14-october-2026/] * US PROPOSES ENDING DEFERENCE FOR H-1B AND L-1 VISA EXTENSIONS DHS published a proposed rule on 14 October 2026 to end deference to prior approvals for Form I-129 extensions. Here is what the change means for H-1B, L-1, O-1 and TN workers, and how to comment by 13 November. [/blog/us-proposes-ending-deference-for-h-1b-and-l-1-visa-extensions/] More on this topic Available inventoryBuy this ad spotReach people planning visas, moves, and settlement — before they pick a product or agent.Rectangle · 300×250View rates & book → [/advertise/?format=rectangle] RELATED GUIDES * United States country profile [/countries/united-states/] * Canada → United States corridor hub [/move/canada-to-united-states/] United States [/blog/?tag=United%20States]public charge [/blog/?tag=public%20charge]green card [/blog/?tag=green%20card]Department of Homeland Security [/blog/?tag=Department%20of%20Homeland%20Security]September 2026 [/blog/?tag=September%202026]Form I-485 [/blog/?tag=Form%20I-485] ← All posts [/blog/]More in Citizenship & Permanent Residence → [/blog/topics/citizenship-and-permanent-residence/] Summarize this page with AI Opens your assistant with a pre-filled prompt (ChatGPT, Perplexity, Claude). Gemini uses Google AI Mode. 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