Nessel joined a multistate lawsuit challenging President Donald Trump’s new “public charge” rule, which took effect Friday, September 18 despite the legal challenge.

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This is hardly Nessel’s first challenge to the Trump administration – and it’s not even her 50th. Her office’s federal actions tracker lists 72 lawsuits since Trump returned to office in January 2025.

Trump Expands the Public Charge Test

The new Department of Homeland Security (DHS) rule gives immigration officers greater discretion to consider whether an applicant has received or is likely to receive means-tested government benefits when deciding whether the person is likely to become a “public charge.”

That determination is made under a totality-of-the-circumstances review and is no longer limited to the narrower 2022 standard, which generally treated a public charge as someone likely to become primarily dependent on the government for long-term subsistence.

Officers may now consider non-cash, means-tested aid received on or after Sept. 18 — including Medicaid, food assistance and other income-based programs — as part of the totality-of-the- circumstances review. Benefits received before that date are still evaluated under the 2022 standard, which generally counted only cash assistance for income maintenance and long-term institutionalization at government expense.

The administration says the previous 2022 rule was too restrictive and interfered with immigration officials’ ability to determine whether applicants are likely to depend on government assistance. DHS has pointed to federal policy emphasizing that immigrants should be self-sufficient and rely on their own resources, families and sponsors.

Nessel Says Not So Fast

Nessel sees things differently.

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“The vast majority of Michigan’s immigrants arrived at and remain in our country legally,” Nessel said, accusing the administration of acting for “xenophobic purposes.”

Nessel and the other plaintiffs argue the policy could discourage immigrant families from using benefits for which they are legally eligible.

Michigan Joins Multistate Challenge

The lawsuit argues DHS exceeded its statutory authority and violated the Administrative Procedure Act by abandoning the narrower public-charge standard adopted under the Biden administration. The states are asking the U.S. District Court for the Southern District of New York to declare the 2026 rule unlawful and vacate it. As of the publication of this article, the rule is still in effect while the lawsuit continues.