Attorney General Clark Sues to Block Trump Administration's Public Charge Rule

Attorney General Charity Clark today joined 21 other states and the District of Columbia in suing to halt the Trump Administration's new public charge rule, which would allow immigration officials to punish immigrants for lawful use of public benefits. The new Department of Homeland Security (DHS) policy would give immigration officers broad discretion to deny green cards based on use of public benefits. Attorney General Clark and the coalition are asking a federal court to declare this rule unlawful.

"No person should fear being punished for accessing public benefits they are legally entitled to," said Attorney General Clark. "The Trump Administration's new rule would hurt Vermont residents and shift costs onto our communities. It is unlawful, and my office is fighting to stop it."

A "public charge" has long been understood to mean a person who is likely to become primarily dependent on the government for long-term subsistence, based on their past receipt of cash assistance for income maintenance or long-term institutionalization at government expense. The Trump Administration's new rule, taking effect September 18, would let immigration officers count nearly any means-tested public benefit, used for any length of time, against an applicant. The rule also allows immigration officers to consider some benefits legally used by an applicant's family members whom the applicant is legally obligated to support, even if the family member is a U.S. citizen. There is no clear limit on which benefits, or how much use, count against an applicant, leaving families to guess which forms of assistance might put their immigration status at risk.

Attorney General Clark and the coalition assert that the Administration has acknowledged that fear and confusion about the new rule would cause immigrant families to disenroll from benefits to which they are legally entitled. DHS estimates that disenrollment or forgone enrollment resulting from the new rule could reduce federal Medicaid and Children's Health Insurance Program (CHIP) transfer payments to the states by approximately $4 billion annually and federal Supplemental Nutrition Assistance Program (SNAP, known in Vermont as 3SquaresVT) transfer payments by approximately $1 billion annually.

The lawsuit argues that the disruption will not stop with the families who disenroll from public benefits. When people lose access to health coverage, they delay care and turn to emergency rooms instead, straining hospitals and community health centers, and raising costs for everyone. Schools risk losing automatic certification for free and reduced-price meal programs when SNAP and Medicaid enrollment drops below required thresholds, cutting off meals for eligible students regardless of income or immigration status. Federal Title I education funding is also likely to fall if student enrollment in benefits decreases and would be a devastating loss for schools. Reduced participation in SNAP can also harm local economies, draining money from the grocery stores and local businesses that depend on SNAP recipients' business.

The coalition notes that the states and local governments that administer these programs will bear direct costs, from new communications to staff training to information technology changes needed to manage the disruption. This is on top of the added strain of residents cycling on and off programs out of fear.

Attorney General Clark and the coalition argue that the new rule violates the Administrative Procedure Act because it is arbitrary and capricious, exceeds DHS's statutory authority, and departs from the longstanding meaning of the public charge provision established by Congress. The attorneys general are asking a federal judge to declare the 2026 public charge rule unlawful and vacate it, protecting states and their residents from its unlawful harms.

Joining Attorney General Clark in filing this lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Virginia, Washington, Wisconsin, the District of Columbia, and the governor of Pennsylvania.

Today's lawsuit is the 70th case Attorney General Clark has brought against the Trump Administration since President Trump took office in January 2025. For more information on actions taken by the Attorney General on behalf of Vermonters, visit our website.

Contact: Haley Sommer, Senior Advisor to the Attorney General, 802-828-3171