Chicago and Illinois Challenge Trump Rule on Green Cards and Welfare

The states of Chicago and Illinois are challenging a Trump administration rule set to broaden federal power in denying green cards to immigrants on welfare. This legal contest pits Democratic leaders against the White House.

Governor JB Pritzker and Mayor Brandon Johnson are at the forefront alongside Illinois Attorney General Kwame Raoul. Raoul added Illinois to a lawsuit in the U.S. District Court for the Southern District of New York. This suit targets the Department of Homeland Security Secretary Markwayne Mullin, U.S. Citizenship and Immigration Services, and its Director Joseph Edlow. Illinois joins 22 other states and the District of Columbia in this legal battle.

Chicago also signed onto a separate lawsuit led by New York City. Other cities like San Francisco, Seattle, Santa Clara County, and King County, Washington, have joined. They argue the rule, published in July, grants DHS excessive power over green card and visa decisions concerning beneficiaries of Medicaid, food stamps, housing vouchers, and other welfare programs.

The Trump administration revised the “public charge” provision, which could allow the U.S. to deny entry to those likely relying on government assistance. This opposes President Joe Biden’s policy limiting considerations to cash benefits or 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 stated, highlighting the community’s defense against such policies.

DHS spokesperson Chandler Rebel justified the rule change, stating that concerns are due to potential losses in federal funds as immigrants might not use welfare programs.

The lawsuits highlight the potential risks to non-citizens and their families, who must weigh their benefits program participation against securing green cards. The coalition claims the rule could result in losing $575 million linked to Supplemental Nutrition Assistance Program funding and billions related to Medicaid and children’s health insurance.

Illinois Attorney General Raoul remarked that this rule aims at immigrants and their families, penalizing them for using public benefits they deserve.

The municipal lawsuit argues Biden’s 2022 definition of “public charge” recognizes that supplemental benefits aid in building better lives. John Adams is quoted: An Empire of Laws, and not of Men, criticizing the defendants’ actions that undermine this principle.

These challenges follow a dismissed lawsuit against Illinois and Chicago’s sanctuary policies and the blocking of the National Guard mobilization in Illinois. New York Attorney General Letitia James heads these lawsuits alongside Mayor Zohran Mamdani.