Chicago and Illinois are contesting a rule by the Trump administration, set to take effect Friday. This rule would allow the federal government more authority to refuse green cards to immigrants who utilize welfare benefits. This challenge marks another legal conflict between the Trump administration and Democratic leaders, Governor JB Pritzker and Mayor Brandon Johnson.

Illinois Attorney General Kwame Raoul joined a lawsuit in the U.S. District Court for the Southern District of New York. The defendants named include Department of Homeland Security Secretary Markwayne Mullin, U.S. Citizenship and Immigration Services, and its director, Joseph Edlow. Illinois is part of a coalition with 22 states and the District of Columbia. Chicago has signed onto a separate suit initiated by New York City, in collaboration with San Francisco, Santa Clara County, Seattle, and King County, Washington.

The cities and states argue that this federal rule, issued in July, grants the Department of Homeland Security excessive discretion in denying green cards and visas. It targets immigrants participating in programs like Medicaid, food stamps, or housing vouchers. Previously, the Trump administration redefined the “public charge” provision, broadening the scope of denial for residency to include those likely to rely on government aid. This policy reversed an earlier approach from President Joe Biden’s administration, which limited “public charge” 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. This rule is not only cruel, it is unlawful, and it threatens the health and safety of our entire city. Chicago has faced these challenges before, and alongside other cities, we will fight them again.

DHS spokesperson Chandler Rebel defended the rule change, stating that the challenging states and cities fear losing federal funds due to immigrants withdrawing from welfare programs.

The state’s lawsuit asserts non-citizens and their families face a difficult choice: continuing benefit programs or risking their pathway to a green card. They warn the rule could harm states as immigrants may leave programs like healthcare and food assistance, potentially affecting federal funding tied to participation. The plaintiffs argue a potential loss of $575 million in Supplemental Nutrition Assistance Program funding, plus billions related to Medicaid and children’s health insurance, due to enrollment drops.

Raoul commented that the rule is a continuation of Trump’s efforts to penalize immigrants and families for legally using public benefits. Meanwhile, the municipal coalition’s lawsuit claims Biden’s 2022 “public charge” definition acknowledged that supplemental public benefits are not an indicator of future dependency. They argue the new DHS rule lacks clarity.

A quote from the lawsuit references John Adams, stating, John Adams described a republic as ‘an Empire of Laws, and not of Men.’ Our nation’s founding is grounded in this core value. With the new public charge ‘rule,’ Defendants eviscerate this principle.

This legal action follows the dismissal of the Trump administration’s lawsuit against Illinois and Chicago’s sanctuary policies. Additionally, a Trump administration attempt to deploy the National Guard in Illinois was stopped last year. New York Attorney General Letitia James and Mayor Zohran Mamdani are leading these legal challenges.