Unions, States Sue Trump Over Green Card Policy Changes October 8

Labor unions, immigrant rights organizations, and 22 states filed a federal lawsuit on October 5 in Massachusetts federal court challenging two Trump administration policies that restrict green card access. The policies, issued by U.S. Citizenship and Immigration Services in May and August 2026, penalize immigrants for applying for permanent residence from within the United States rather than leaving for consular processing abroad. The lawsuit argues the rules upend 70 years of legal practice and threaten family separation.

What the two policies do

The May 2026 policy directs USCIS officers to treat an applicant’s choice to seek a green card from within the U.S. as a negative factor. Applicants must now demonstrate “unusual or even outstanding” considerations to overcome that penalty. The August 2026 policy gives officers authority to deny applications, including pending cases filed before the new rules, without first requesting additional evidence or notifying applicants of an intended denial.

Who is suing and why

The Service Employees International Union (SEIU), American Association of University Professors (AAUP), immigrant families, and 22 states plus Washington D.C. and New York City filed the lawsuit. Plaintiffs argue the policies change the rules for people already pursuing permanent residence and put them at risk of family separation, job loss, and education disruption. Maryland joined the challenge specifically over changes to the Public Charge Rule, which now penalizes applicants whose families used Medicaid or SNAP benefits.

The Public Charge Rule expansion

The Public Charge Rule, dating to 1882, originally denied green cards only to applicants who could not support themselves financially. The Trump administration expanded it this fall to penalize applicants if they or family members used government programs for low-income households, including Medicaid and SNAP. USCIS now evaluates applicants on age, health, education, skills, family status, assets, and financial details. Spouses, children, parents of immigrants, skilled workers, and diplomats face the changes. Asylum seekers and most refugees are exempt.

Administration’s response

USCIS Spokesman Zach Kahler called the lawsuit “frivolous” and said the agency will “faithfully apply long-standing immigration law.” The Department of Homeland Security stated that “sanctuary states” fear losing federal funds. The administration has not addressed the core claim that the policies retroactively apply to applications filed before the August policy took effect.

Final Thoughts

The lawsuit tests whether the Trump administration can retroactively apply new green card restrictions to pending cases. A federal court decision could affect tens of thousands of immigrants already in the U.S. legal process and reshape decades of adjustment-of-status practice.

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