Federal judges in New York and California granted nationwide injunctions on October 11 that block implementation of the Department of Homeland Security’s (DHS) final “public charge” rule, which was set to go into effect on October 15. These cases are two of nine lawsuits across five states. The injunction prevents the Trump administration from acting on the rule while the courts consider the legality of the new regulations. The Protecting Immigrants Family (PIF) campaign has a litigation tracker as well as resources to help immigrant families understand their rights and the new rule’s potential implications.
Noncitizens seeking admission to the U.S. and those applying for lawful permanent resident status (green card) have long been subject to a review to determine whether they are, or might become, a “public charge,” defined as someone who might become “primarily dependent on the government.” DHS’s new rule expands the list of “public benefits” that could lead an immigrant to be considered a potential public charge to include Supplemental Nutrition Assistance Program (SNAP), Medicaid, and federal housing assistance, such as public housing, Housing Choice Vouchers, and Section 8 Project-Based Rental Assistance. Immigration officials will also now consider other factors, such as health, age, income, and English language skills when making public charge determinations.
States and organizations have filed a total of 9 lawsuits to halt the implementation of this rule. A total of 13 amicus briefs, which show support for the case from individuals or groups who are not a party in the case, have also been filed. NLIHC joined 22 other housing, nutrition, and health advocacy organizations in signing on to five identical amicus briefs supporting a lawsuit brought by La Clinica de La Raza and their partners against President Trump, the U.S. Citizenship and Immigration Services and the Department of Homeland Security to block implementation of the Public Charge rule. Read that amicus brief at: https://bit.ly/2mlgOq1
PIF has created many documents in various languages for people working with immigrant families, including core community messages, information on who will be impacted, and know-your-rights documents. The campaign’s website, www.protectingimmigrantfamilies.org, also has analysis and research for advocates hoping to better understand the potential impacts of the new rule.
Track the public charge litigation efforts at: https://tinyurl.com/y5x877ax
Read the PIF core community messages at: https://tinyurl.com/y52k85wt
Find resources for people working with immigrant families at: https://tinyurl.com/y27heybh