Plaintiff Coalition
7 States
Led by NY, CA, MA & 4 partners
Judicial Venue
U.S. District Court (S.D.N.Y.)
Southern District of New York
Current Injunction Status
Motion for Preliminary Injunction Filed
Emergency Stay Requested under 5 U.S.C. § 705
Annual Estimated Impact
145,000
Applicants Subject to Stricter Wealth Threshold
State Attorney General Coalition Plaintiff Roster
Click states to toggle plaintiff coalition membership. The lawsuit asserts direct economic and healthcare harm to sovereign state residents under the Administrative Procedure Act (APA).
| Status | State | Attorney General | Filing Date | Key Standing Claim |
|---|
DHS Public Charge Rule Simulator & Threshold Calculator
Live APA Risk Model
Challenged rule penalizes applicants under 250% Federal Poverty Level.
States claim inclusion of supplemental benefits is arbitrary & capricious.
Standard INA Criteria
88%
Totality of circumstances; focus on primary cash dependence. Low risk of summary disqualification.
Challenged DHS Rule
54%
Heavy negative weighting for incomes below 250% FPL and non-cash healthcare benefit enrollment.
States' Core APA Claim: The Department failed to provide a reasoned explanation for reversing prior reliance interests and disregarding state public health disenrollment consequences (violating 5 U.S.C. § 706(2)(A)).
Legal Grounds for Injunction
3 Core Claims
Arbitrary & Capricious Agency Action
5 U.S.C. § 706
DHS failed to account for documented costs to state hospital networks and public healthcare systems caused by immigrant disenrollment from preventive care.
Exceeds Statutory Authority (Ultra Vires)
8 U.S.C. § 1182
The Immigration and Nationality Act defines "public charge" as primary subsistence dependence, not ordinary receipt of supplemental nutrition or housing aid.
Procedural Notice & Comment Defects
5 U.S.C. § 553
Inadequate timeline allowed for substantive public commentary regarding macroeconomic and regional workforce impact projections.
Litigation Milestones
SDNY Docket 26-CV-01948
September 14, 2026
States File Complaint & Preliminary Injunction Motion
7 state attorneys general file multi-claim complaint in SDNY challenging DHS green card restrictions.
September 28, 2026 (Scheduled)
DOJ Opposition Brief Due
Federal government deadline to justify DHS regulatory discretion under INA § 212(a)(4).
October 12, 2026 (Projected)
Oral Arguments on Preliminary Injunction
Federal judge to evaluate nationwide preliminary injunction vs. circuit-limited stay.
Download Official Litigation Dossier
Export the current state coalition lineup, APA claim analyses, and simulated economic impact metrics as a standardized litigation report.
Canonical Verification Telemetry
Status: Challenge active: 7 states contesting DHS rule under APA.
Active Plaintiff States:
New York, California, Massachusetts, Illinois, New Jersey, Washington, OregonVenue:
U.S. District Court for the Southern District of New YorkInjunction Status:
Motion for Preliminary Injunction FiledAffected Applicants:
145000