More than 20 states sue to block new “public charge” rule before it takes effect
New York Attorney General Letitia James is leading a coalition of over 20 states suing over a new DHS rule that expands what counts against a green card applicant — specifically, officers’ discretion to weigh use of benefits like Medicaid, SNAP, or free school meals.
James said the rule lets officers count nearly any benefit against an applicant, even one used by a U.S. citizen family member. “This rule preys on that fear and counts on families forfeiting the food assistance, health care coverage, and other public benefits to which they are legally entitled,” she said, alongside NYC Mayor Zohran Mamdani, who filed a separate suit for a coalition of cities.
The suits call the rule arbitrary and outside DHS’s authority. It took effect today unless the court intervenes — worth watching if you have a pending application or rely on public assistance.
Appeals court says border agents can search your phone without a warrant — or any suspicion
The Second Circuit ruled this week that CBP and HSI officers can manually search a traveler’s cellphone at the border with no warrant and no suspicion whatsoever, affirming a conviction built partly on evidence found that way.
The court rejected the argument that Riley v. California — which requires a warrant to search phones after an arrest — should extend to the border, and separately rejected a First Amendment theory that phones deserve special protection because they hold expressive content.
One judge agreed with the outcome but wrote separately, arguing manual phone searches shouldn’t be treated as “routine” like luggage, given how much more phones reveal.
Federal court blocks DHS rule ending “duration of status” for students
A federal court in Massachusetts halted DHS’s final rule that would have replaced the “duration of status” framework for F-1, J-1, and I visa holders with fixed admission periods — four years for most students and exchange visitors, 240 days for I visa holders.
The court found the rule likely violated the Administrative Procedure Act, citing DHS’s failure to justify its costs, consider alternatives, or respond to public comments. The rule had been set to take effect September 15; that date is now on hold, and DHS is barred from moving forward while the case continues nationwide, not just for the plaintiffs. The government is expected to appeal.
For now, students and exchange visitors keep the status quo: they can remain in the U.S. for the length of their approved program.
Takeaway
Nothing in immigration law is settled right now, and the rules can shift under you with very little warning, whether you’re applying for a green card, holding a student visa, or just walking through customs.
That’s exactly why waiting to check your own situation is the riskiest move. If you haven’t had someone look at your case honestly, that’s the first step, and it’s free.
Shamayev Business Law offers a Free case evaluation. Get yours started today. In just 2 business days we will provide you with an honest review of your options.
This publication is for general informational purposes only and is not legal advice. It summarizes public reports as of September 18, 2026, and may not reflect later developments. No attorney-client relationship is formed by reading this post or contacting the firm through this website.
