Last month, we wrote about the federal government’s adoption of the new “public charge” rules that broaden the grounds for inadmissibility of some immigrants and preventing others from getting Lawful Permanent Resident (“green card”) status. NoHLA and other organizations are developing materials and trainings on these rules to explain what impact they have. We know that already, the rule is creating a lot of confusion and is discouraging even immigrants who it would not affect. Some are fearful about accessing benefits they are eligible for.
The rule is set to go into effect on October 15, but six legal challenges have been filed in federal courts seeking to enjoin the rule and declare it invalid. Three of the cases will be heard on October 2 in Oakland, California by Judge Phyllis Hamilton, a Clinton nominee. Another case was brought by 14 states led by Washington Attorney General Bob Ferguson. It has a hearing scheduled for October 3 in Spokane before Judge Rosanne Malouf Peterson, an Obama appointee. Two other cases are pending in New York City.
The cases claim a variety of violations of federal laws including the Administrative Procedure Act, the Immigration and Nationality Act, other immigration and public benefit laws, the Equal Protection clause of the U.S. Constitution and in addition, claims that the rule adoption was arbitrary and capricious and an abuse of discretion.
Many amicus curiae (“friend of the court”) briefs have been submitted in these cases by advocacy organizations, cities and local governments, health care providers, public health groups, and Members of Congress. In the Washington case, NoHLA is a participant in a brief drafted primarily by Health Law Advocates, a Massachusetts organization with similar concerns. Among other things, it focuses on the harm to immigrants directly affected, the chilling effect of the rule on people seeking health coverage, and the lack of information to enrollees about whether or not their health coverage is implicated by the public charge rule, the negative impact of the rule on affordable health care access for everyone, and threats to public health.
Keep an eye out for rulings in these cases!
Meanwhile, yesterday Senator Mazie K. Hirono (D-Hawaii) and 26 U.S. Senate Democrats introduced the Protect American Values Act the Protect American Values Act – legislation that would prohibit the Trump Administration from using federal funding to implement its so-called “public charge” rule. This bill is similar to the No Federal Funds for Public Charge Act introduced in the House by Rep. Judy Chu (D-California) in June.
– Janet Varon, NoHLA Executive Director