Case: Make the Road New York v. United States Department of Homeland Security

1:26-cv-08129 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 17, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the Department of Homeland Security's (DHS) rule that broadened officers’ discretion to deny admission or lawful permanent residence based on public-benefit use.  On September 17, 2026, four nonprofit organizations filed suit in the U.S. District Court for the Southern District of New York against the DHS, U.S. Citizenship and Immigration Services (USCIS), and their respective officials. The plaintiffs challenged a new Rule and accompanying Guidance that expanded the defini…

This case challenges the Department of Homeland Security's (DHS) rule that broadened officers’ discretion to deny admission or lawful permanent residence based on public-benefit use. 

On September 17, 2026, four nonprofit organizations filed suit in the U.S. District Court for the Southern District of New York against the DHS, U.S. Citizenship and Immigration Services (USCIS), and their respective officials. The plaintiffs challenged a new Rule and accompanying Guidance that expanded the definition of "public charge" under the Immigration and Nationality Act (INA) to deny lawful permanent resident status to noncitizens deemed likely to rely on public benefits, including those received by their U.S.-citizen children. They alleged the Rule and Guidance would deter eligible families from accessing critical benefits (including SNAP, Medicaid, and housing assistance), disproportionately harming low-income and non-white immigrants, while also causing operational and financial harm to the plaintiff organizations. The complaint further asserted the policies were arbitrary, capricious, and motivated by racial animus, violating the Administrative Procedure Act (APA) and exceeding statutory authority. The plaintiffs sought a vacatur, an injunction, declaratory relief, and attorneys' fees. 

This case was assigned to District Judge Ronnie Abrams.

As of October 1, 2026, this case is ongoing.

Summary Authors

Haleigh Knowles (10/1/2026)

Related Cases

State of New York v. US Department of Homeland Security, Southern District of New York (2026)

City of New York v. United States Department of Homeland Security, Southern District of New York (2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/74811260/parties/make-the-road-new-york-v-united-states-department-of-homeland-security/


Judge(s)

Abrams, Ronnie (New York)

Attorney for Plaintiff

Cooper, Ryan (New York)

Henley, Evan (New York)

Hurwitz, Jonathan Hillel (New York)

Lundgren, Emily (New York)

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-08129

Complaint

Sept. 17, 2026

Sept. 17, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/74811260/make-the-road-new-york-v-united-states-department-of-homeland-security/

Last updated Oct. 28, 2026, 6:25 a.m.

Docket for: Make the Road New York v. United States Department of Homeland Security
ECF Number Date Description Link
1 Sept. 17, 2026

COMPLAINT against Joseph B. Edlow, Markwayne Mullin, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Filing Fee $ 405.00, Receipt Number ANYSDC-33457628)Document filed by Association to Benefit Children, New York Legal Assistance Group, African Communities Together, Make the Road New York. (Attachments: # 1 Exhibit A - USCIS Public Charge Guidance).(Welber, Susan) (Entered: 09/17/2026)

1 Exhibit A - USCIS Public Charge Guidance

View on PACER

Clearinghouse
2 Sept. 17, 2026

CIVIL COVER SHEET filed..(Welber, Susan) (Entered: 09/17/2026)

RECAP
3 Sept. 17, 2026

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Make the Road New York..(Welber, Susan) (Entered: 09/17/2026)

RECAP
4 Sept. 17, 2026

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Legal Assistance Group..(Welber, Susan) (Entered: 09/17/2026)

RECAP
5 Sept. 17, 2026

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Association to Benefit Children..(Welber, Susan) (Entered: 09/17/2026)

RECAP
6 Sept. 17, 2026

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by African Communities Together..(Welber, Susan) (Entered: 09/17/2026)

RECAP
7 Sept. 17, 2026

STATEMENT OF RELATEDNESS re: that this action be filed as related to 26-cv-7978. Document filed by African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Welber, Susan) (Entered: 09/17/2026)

RECAP
8 Sept. 17, 2026

STATEMENT OF RELATEDNESS re: that this action be filed as related to 26-cv-7982. Document filed by African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Welber, Susan) (Entered: 09/17/2026)

RECAP
9 Sept. 17, 2026

FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Todd Blanche, in his official capacity as United States Attorney General U.S. Department of Justice, re: 1 Complaint. Document filed by African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Welber, Susan) Modified on 9/18/2026 (sj). (Entered: 09/17/2026)

RECAP
10 Sept. 17, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,. Document filed by African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Welber, Susan) (Entered: 09/17/2026)

RECAP
11 Sept. 17, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Joseph B. Edlow, in his official capacity as Director of United States Citizenship and Immigration Services, re: 1 Complaint,. Document filed by African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Welber, Susan) (Entered: 09/17/2026)

RECAP
12 Sept. 17, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Markwayne Mullin, in his official capacity as Secretary of Homeland Security, re: 1 Complaint,. Document filed by African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Welber, Susan) (Entered: 09/17/2026)

RECAP
13 Sept. 17, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: 1 Complaint,. Document filed by African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Welber, Susan) (Entered: 09/18/2026)

RECAP
14 Sept. 18, 2026

FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney's Office for the Southern District of New York, re: 1 Complaint,. Document filed by African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Welber, Susan) Modified on 9/18/2026 (sj). (Entered: 09/18/2026)

RECAP
15 Sept. 18, 2026

FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#22) NOTICE OF APPEARANCE by Hasan Shafiqullah on behalf of African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Shafiqullah, Hasan) Modified on 9/21/2026 (lb). (Entered: 09/18/2026)

RECAP
16 Sept. 18, 2026

ELECTRONIC SUMMONS ISSUED as to Joseph B. Edlow. (sj) (Entered: 09/18/2026)

RECAP
17 Sept. 18, 2026

ELECTRONIC SUMMONS ISSUED as to United States Citizenship and Immigration Services. (sj) (Entered: 09/18/2026)

RECAP
18 Sept. 18, 2026

ELECTRONIC SUMMONS ISSUED as to Markwayne Mullin. (sj) (Entered: 09/18/2026)

RECAP
19 Sept. 18, 2026

ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (sj) (Entered: 09/18/2026)

RECAP
20 Sept. 18, 2026

NOTICE OF APPEARANCE by Evan Henley on behalf of African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Henley, Evan) (Entered: 09/18/2026)

RECAP
21 Sept. 18, 2026

NOTICE OF APPEARANCE by Emily Lundgren on behalf of African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Lundgren, Emily) (Entered: 09/18/2026)

RECAP
Sept. 18, 2026

Case Opening Initial Assignment Notice

Sept. 18, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)

Sept. 18, 2026

Case Designated ECF. (sj)

Sept. 18, 2026

CASE REFERRED to Judge Ronnie Abrams as possibly related to 1:26cv7978. (sj)

22 Sept. 21, 2026

NOTICE OF APPEARANCE by Hasan Shafiqullah on behalf of African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Shafiqullah, Hasan) (Entered: 09/21/2026)

RECAP
23 Sept. 21, 2026

MOTION for Ryan Cooper to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33471322. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group. (Attachments: # 1 Affidavit Cooper Affidavit, # 2 Exhibit DC COGS, # 3 Exhibit TX COGS, # 4 Proposed Order Proposed Order).(Cooper, Ryan) (Entered: 09/21/2026)

RECAP
Sept. 21, 2026

Notice Regarding Pro Hac Vice Motion

Sept. 21, 2026

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 MOTION for Ryan Cooper to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33471322. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

24 Sept. 22, 2026

FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security (c/o United States Attorney General), re: 1 Complaint. Document filed by African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Shafiqullah, Hasan) Modified on 9/23/2026 (sj). (Entered: 09/22/2026)

RECAP
25 Sept. 22, 2026

FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security (c/o U.S. Attorneys Office for the Southern District of New York), re: 1 Complaint,. Document filed by African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Shafiqullah, Hasan) Modified on 9/23/2026 (sj). (Entered: 09/22/2026)

RECAP
26 Sept. 22, 2026

NOTICE OF APPEARANCE by Jonathan Hillel Hurwitz on behalf of African Communities Together, Association to Benefit Children, Make the Road New York, New York Legal Assistance Group..(Hurwitz, Jonathan) (Entered: 09/22/2026)

RECAP
Sept. 23, 2026

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Sept. 23, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Hasan Shafiqullah to RE-FILE Document No. 25 Request for Issuance of Summons, 24 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party as to whom the summons request is for must be listed in the 'To' field of the summons PDF the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

Sept. 23, 2026

Notice of Case Assignment/Reassignment

Sept. 23, 2026

CASE ACCEPTED AS RELATED. Create association to 1:26-cv-07978-RA. Notice of Assignment to follow. (tro)

Sept. 23, 2026

NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Unassigned is no longer assigned to the case. (tro)

Sept. 23, 2026

Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c), Fed. R. Civ. P. 73(b)(1), and Local Civil Rule 73.1, parties are notified that they may, with the approval of the assigned District Judge, consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (tro)

28 Sept. 24, 2026

Request for Issuance of Amended Summons

RECAP
29 Sept. 24, 2026

Request for Issuance of Amended Summons

RECAP
30 Sept. 24, 2026

ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that, by October 2, 2026, the parties submit a joint letter, not to exceed five (5) pages, providing the following information in separate paragraphs: 1. A brief description of the nature of the action and the principal defenses thereto; As further set forth herein, IT IS FURTHER ORDERED that, by October 2, 2026, the parties jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at https://nysd.uscourts.gov/hon-ronnie-abrams. The status letter and the proposed case management plan should be filed electronically, consistent with the Court's Electronic Case Filing (ECF) Rules & Instructions, which are available at https://nysd.uscourts.gov/rules/ecf-related-instructions. IT IS FURTHER ORDERED that, unless the parties request otherwise, counsel for all parties appear for an initial status conference on October 9, 2026, at 3:00 p.m. The initial status conference will be held together with the parties in the related cases New York et al. v. U.S. Department of Homeland Security (26-CV-7978) and City of New York et al. v. U.S. Department of Homeland Security et al. (No. 26-CV-7982). If Defendants have not yet been properly served, have not filed a responsive pleading, and/or the parties otherwise seek to adjourn the conference, they shall notify the Court by no later than October 2, 2026. Unless the parties request otherwise, a video conference will be held remotely via Microsoft Teams. Members of the public may call into the conference at the following audio-only line: (646) 453-4442; Passcode: 922 505 857#. A video link will be sent to the parties prior to the conference. If Defendants have been properly served and the parties in each of the related cases are available to proceed with an initial status conference prior to October 9, 2026, the parties shall notify the Court and propose an earlier date for the conference, as well as for submission of the status letter and proposed case management plan. Plaintiffs are ordered to serve Defendants with a copy of this order and to file an affidavit on ECF certifying that such service has been effectuated. SO ORDERED. Initial Conference set for 10/9/2026 at 03:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 9/24/2026) (ar) (Entered: 09/24/2026)

RECAP
Sept. 24, 2026

Order on Motion to Appear Pro Hac Vice

Sept. 25, 2026

Notice to Attorney Regarding Deficient Request for Issuance of Summons

31 Sept. 27, 2026

Request for Issuance of Amended Summons

RECAP
32 Sept. 27, 2026

Request for Issuance of Amended Summons

RECAP
33 Sept. 28, 2026

Notice of Appearance

RECAP
34 Sept. 28, 2026

Appear Pro Hac Vice

RECAP
Sept. 28, 2026

Pro Hac Vice Fee Payment

Sept. 28, 2026

Notice Regarding Pro Hac Vice Motion

36 Sept. 29, 2026

Amended Summons Issued

RECAP
37 Sept. 29, 2026

Amended Summons Issued

RECAP
Sept. 29, 2026

Order on Motion to Appear Pro Hac Vice

38 Oct. 1, 2026

Notice of Appearance

RECAP
39 Oct. 2, 2026

Letter

RECAP
40 Oct. 2, 2026

Proposed Case Management Plan

RECAP
41 Oct. 2, 2026

Affidavit of Service Other

RECAP
42 Oct. 2, 2026

Summons Returned Executed as to USA

RECAP
43 Oct. 2, 2026

Summons Returned Executed as to USA

RECAP
44 Oct. 2, 2026

Summons Returned Executed as to USA

RECAP
45 Oct. 2, 2026

Summons Returned Executed as to USA

RECAP
46 Oct. 2, 2026

Summons Returned Executed as to USA

RECAP
47 Oct. 2, 2026

Summons Returned Executed as to USA

RECAP
48 Oct. 6, 2026

CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). This case is not to be tried to a jury. No additional parties may be joined after November 13, 2026, without leave of the Court. No amendments to the pleadings may be made after November 13, 2026, without leave of the Court. The parties will proceed under the following schedule: October 23, 2026: Defendants produce administrative record; December 11, 2026: Plaintiffs file motion for summary judgment; January 29, 2027: Defendants file a combined cross-motion for summary judgment and opposition to Plaintiffs' motion for summary judgment; February 26, 2027: Plaintiffs file combined opposition to Defendants' cross-motion for summary judgment and reply in support of Plaintiffs' motion for summary judgment; March 12, 2027: Defendants file reply in support of cross-motion for summary judgment. It is further ORDERED that the initial status conference originally scheduled for October 9, 2026 is hereby adjourned. Amended Pleadings due by 11/13/2026. Joinder of Parties due by 11/13/2026. Motions due by 12/11/2026. Cross Motions due by 1/29/2027. Responses due by 2/26/2027 Replies due by 3/12/2027. (Signed by Judge Ronnie Abrams on 10/5/2026) (rro)

RECAP
49 Oct. 7, 2026

Notice of Change of Address

RECAP
50 Oct. 7, 2026

Summons Returned Executed as to USA

RECAP
51 Oct. 23, 2026

Notice (Other)

1 Exhibit AR Index

View on PACER

2 Exhibit Certification of Rule AR

View on PACER

3 Exhibit Certification of Guidance AR

View on PACER

RECAP

Case Details

State / Territory:

New York

Case Type(s):

Public Benefits/Government Services

Immigration and/or the Border

Key Dates

Filing Date: Sept. 17, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four nonprofit organizations

Attorney Organizations:

Center for Constitutional Rights (CCR)

Democracy Forward

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States Citizenship and Immigration Services

United States Department of Homeland Security

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

Southern District of New York 1:26-cv-08129

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Benefits (Source):

Food stamps/SNAP

SSI

Temporary Assistance for Needy Families (TANF)

Women, Infants, and Children (WIC)

Immigration/Border:

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

Recommended Citation