Maryland AG Anthony Brown and 22-State Coalition Sue to Block Federal Public Charge Rule Changes

Maryland Attorney General Anthony G. Brown has joined a coalition of 21 other states and the District of Columbia in filing a lawsuit in the U.S. District Court for the Southern District of New York (SDNY) to block a new federal public charge rule issued by the Department of Homeland Security (DHS).

Key Changes in the New Policy

* Expanded Definition: The rule allows immigration officers broad discretion to count virtually any means-tested public benefit, regardless of duration of use, against an individual’s lawful permanent resident (green card) application.

* Family Member Benefit Use: Immigration officials would be permitted to penalize applicants for benefits lawfully utilized by dependents they are legally obligated to support, even when those dependents are U.S. citizens.

* Reversal of 2022 Standards: The policy rolls back the 2022 standard that strictly limited public charge evaluations to cash assistance for income maintenance or government-funded long-term institutionalization.

* Lack of Clear Thresholds: The regulation does not define clear limits on which benefits or what level of usage could trigger a green card denial, leaving families unable to determine risk.

Projected Economic and Public Health Impacts

* Direct Healthcare and Food Assistance Drops: DHS estimates that disenrollment or foregone enrollment could reduce federal Medicaid and CHIP transfer payments to states by approximately $4.05 billion annually, alongside a $1.02 billion annual reduction in federal SNAP transfer payments.

* Safety-Net Strains: When families forgo routine healthcare, emergency room visits increase, raising uncompensated care costs for community health centers and safety-net hospitals.

* School Nutrition and Education Funding: Reductions in SNAP and Medicaid enrollment threaten automatic qualification thresholds for free and reduced-price school lunch programs, putting both meal access and federal Title I education funding at risk.

* Local Economic and Administrative Costs: Decreased SNAP usage directly reduces revenue for local grocery stores and food retailers, while states and localities face administrative burdens and IT costs to manage widespread benefit churn.

Legal Claims and Coalition Members

* Administrative Procedure Act Violations: The lawsuit argues that the rule is arbitrary and capricious, exceeds statutory authority, and departs from the longstanding meaning of the public charge provision set by Congress.

* Participating Jurisdictions: Joining Maryland are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin, the governor of Pennsylvania, and a municipal coalition led by the City of New York.

Further details and official filings are available through the Office of the Attorney General of Maryland.