Oregon joins lawsuit challenging rule allowing denial of green cards based on benefits

(KTVZ) -- Oregon Attorney General Dan Rayfield joined a coalition of 21 states today in filing a lawsuit against the Trump administration to block a new rule restricting public benefit use for immigrants. The 2026 rule allows immigration officers to deny green cards to applicants if they or their family members use government assistance programs like Medicaid and food support.

The policy significantly expands the government definition of a public charge, which previously applied under a 2022 rule only to individuals relying on cash assistance or long-term institutional nursing care. Under the expanded guidance, immigration officers can consider nearly any public benefit usage against green-card applicants, including temporary assistance or benefits used by U.S. citizen family members. Plaintiffs argue the rule lacks clear guidelines on which benefits count or how much usage triggers a denial.

The lawsuit was filed by the attorneys general of 21 states and Washington, D.C., alongside the governor of Pennsylvania and a local government coalition led by New York City. The participating states include California, Colo., Conn., Del., Hawaii, Ill., Maine, Md., Mass., Mich., Minn., Nev., N.J., N.M., N.Y., R.I., Vt., Va., Wash., Wis. and Oregon.

The legal filing contends the rule is unlawful because it was adopted without a reasonable basis, exceeds the authority of the Department of Homeland Security and abandons the standard for public charge established by Congress decades ago. Oregon previously challenged a similar public charge rule during the first Trump administration in 2019. That effort resulted in a court ruling against the policy that was upheld by the 2nd U.S. Circuit Court of Appeals.

Oregon Rayfield criticized the federal policy changes. “The Trump Administration's plans would make our communities less healthy and less safe,” Rayfield said. “This rule would attack our neighbors and deny them access to critical services that they're legally allowed to use.”

Federal projections cited in the challenge indicate that fear of immigration consequences will cause families to stop using public benefits. The filing states that losing health care coverage leads to delayed care and higher emergency room costs at local hospitals. Additionally, lower participation in Medicaid and food assistance could reduce funding for school meal programs and local businesses that accept benefit dollars.

AG Rayfield and the coalition are asking a federal judge to declare the 2026 public charge rule unlawful and vacate the policy.