New York, Connecticut and Vermont Sue Trump Administration Over Public Charge Rule
WASHINGTON — New York State, Connecticut, Vermont and the City of New York sued the Trump administration Tuesday over its new Public Charge Rule, which aims to deny green cards and visas to immigrants that use or have used government assistance programs.
“Generations of citizens landed on the welcoming shores of Ellis Island with nothing more than a dream in their pockets,” said New York Attorney General Letitia James in announcing the lawsuit in the Southern District of New York.
“The Trump Administration’s thinly veiled efforts to only allow those who meet their narrow ethnic, racial and economic criteria to gain a path to citizenship is a clear violation of our laws and our values,” she continued. “Quite simply, under this rule, more children will go hungry, more families will go without medical care and more people will be living in the shadows and on the streets. We cannot and we will not let that happen.”
The lawsuit claims that by imposing the rule, the Trump administration and the U.S. Department of Homeland Security disregarded clear congressional intent and a century’s worth of case law holding that immigrants who use basic, non-cash benefits are not considered public charges because they are not primarily dependent on the government.
Additionally, the plaintiffs say, the public charge rule weaponizes the public charge inquiry to specifically target immigrants of color, immigrants with disabilities, and low-income immigrants.
Finally, the rule fundamentally misunderstands that these non-cash programs are designed to help immigrants who arrive in this country with limited means move out of poverty and achieve upward mobility, the plaintiffs claim.
They also assert the overall health and wellbeing of immigrant communities that use vital public benefit programs will be negatively impacted by the new rule.
The plaintiffs claim the rule would cause a sharp decline in Medicaid enrollment, and individuals who would have otherwise had access to healthcare are at risk of living with undiagnosed and untreated conditions.
Economically, impacted communities can be expected to experience increased poverty rates, housing instability, a reduced workforce, and an overall decrease in total economic productivity, the lawsuit claims.
“The new ‘public charge’ rule creates fear, confusion, and distress for our immigrant communities,” said NYC Corporation Counsel Zachary Carter.
“The new rule broadens the definition of a public charge, increasing the number of non-citizens who may be found inadmissible, denied a green card, or denied a visa on public charge grounds. As a result of this new rule, families may forego benefits and services to which they are legally entitled because they fear that accepting those benefits or services may jeopardize their ability or the ability of family members to stay in the United States.,” Carter said. “In this lawsuit, the City will challenge the new rule on the grounds that it violates the federal Administrative Procedure Act and the Constitution. The City will defend immigrant New Yorkers from this unlawful expansion of the public charge rule.”
This case is being handled by Senior Trial Counsel Elena Goldstein, Civil Enforcement Section Chief of the Labor Bureau Ming-Qi Chu, and Assistant Attorneys General Abigail Rosner, Amanda Meyer, and Ajay Saini, under the supervision of Chief Counsel for Federal Initiatives Matthew Colangelo.
In The News
WASHINGTON -- The Biden administration proposed a new rule on Monday that its says will “preserve and fortify” the Deferred... Read More
WASHINGTON -- The Biden administration proposed a new rule on Monday that its says will “preserve and fortify” the Deferred Action for Childhood Arrivals program and protect undocumented people in the program from legal challenges. The Deferred Action for Childhood Arrivals program, more commonly known as... Read More
The Biden administration's special envoy to Haiti has resigned, protesting "inhumane" large-scale expulsions of Haitian migrants to their homeland wracked... Read More
The Biden administration's special envoy to Haiti has resigned, protesting "inhumane" large-scale expulsions of Haitian migrants to their homeland wracked by civil strife and natural disaster, U.S. officials said Thursday. Daniel Foote was appointed to the position only in July, following the assassination of Haiti's president.... Read More
DEL RIO, Texas (AP) — Many Haitian migrants camped in a small Texas border town are being released in the... Read More
DEL RIO, Texas (AP) — Many Haitian migrants camped in a small Texas border town are being released in the United States, two U.S. officials said, undercutting the Biden administration's public statements that the thousands in the camp faced immediate expulsion. Haitians have been freed on... Read More
WASHINGTON (AP) — Democrats can't use their $3.5 trillion package bolstering social and climate programs for their plan to give... Read More
WASHINGTON (AP) — Democrats can't use their $3.5 trillion package bolstering social and climate programs for their plan to give millions of immigrants a chance to become citizens, the Senate's parliamentarian said, a crushing blow to what was the party's clearest pathway in years to attaining... Read More
WASHINGTON (AP) — The Biden administration began notifying governors and state refugee coordinators across the country about how many Afghan... Read More
WASHINGTON (AP) — The Biden administration began notifying governors and state refugee coordinators across the country about how many Afghan evacuees from among the first group of nearly 37,000 arrivals are slated to be resettled in their states. California is projected to take more arrivals than... Read More
WASHINGTON — After a frantic two weeks of the biggest military evacuations in history, the United States is trying to... Read More
WASHINGTON — After a frantic two weeks of the biggest military evacuations in history, the United States is trying to figure out what to do with tens of thousands of Afghan refugees that will soon be flooding into the country. “This is not the time for... Read More