22 states and the District of Columbia filed a lawsuit against the administration of US President Donald Trump over a new rule that expands the grounds for denying immigrants a green card. Starting September 18, immigration officials will be able to consider an applicant's receipt of public assistance, including food benefits, Medicaid and housing subsidies, when determining whether he or she may become a “public charge.”
US immigration law allows an applicant to be denied entry into the country or permanent resident status if authorities determine that he is likely to be unable to support himself in the future.
During Trump's first presidential term, the list of programs that could be taken into account when determining public charge status was expanded. It includes, among other things, the Supplemental Nutrition Assistance Program (SNAP), most types of Medicaid, and some housing assistance programs.
The Joe Biden administration has revised these regulations. Under the 2022 rule, immigration officials could consider receipt of Supplemental Security Income (SSI) and some other types of cash assistance, but non-cash benefits, including food assistance and Medicaid, were not considered in the decision.
The Department of Homeland Security (DHS) and its US Citizenship and Immigration Services (USCIS) have again revised the requirements. The new final rule does not contain an exhaustive list of the types of government assistance that may be considered. The document states that DHS will be able to take into account “receipt of any income-based welfare benefits.”
The lawsuit alleges that the Department of Homeland Security is exceeding the powers granted to it by law and departing from the long-established meaning of the concept of public charge enshrined in Congress.
“The final rule is consistent with neither the settled meaning of the public charge provision of the Immigration and Nationality Act (INA) nor any other reasonable interpretation of that provision. By departing from the established meaning of the rule without the express authorization of Congress, defendants exceeded the authority granted to them by law,” the lawsuit states.
If a U.S. citizen child receives government health insurance or receives free school meals, the plaintiffs say this could affect the consideration of the noncitizen parent's green card application.
The plaintiffs warn that fears about their immigration status could cause families to forgo benefits they are entitled to. This, in their opinion, could lead to an increase in homelessness and the number of diseases.
“The rule forces families to face an unacceptable choice between a U.S. citizen child’s access to health care and the noncitizen parent’s ability to remain in the country,” the lawsuit states.
New York City Mayor Zohran Mamdani said the new rule is “aimed at pushing immigrant families away from programs that have helped people stay fed and healthy for decades.”
“This is a blatant attempt to deprive New Yorkers of the services they depend on. People could die,” Mamdani said.
