The Norwalk Hour

State sues to block Trump immigrant ‘public charge’ policy

- By Ana Radelat

“We are talking about access to doctors, healthy food and safe housing — the most basic foundation­s that kids need to grow and thrive.”

Connecticu­t Attorney General William Tong

Connecticu­t has joined a multistate lawsuit that aims to stop the Trump administra­tion from denying green cards to immigrants who receive public assistance, including food stamps, Medicaid and housing vouchers.

The lawsuit was filed on Tuesday by Connecticu­t, New York and Vermont. It targets a new federal rule that Connecticu­t Attorney General William Tong described as “a partisan scheme to vilify immigrants who — like generation­s of families before them — seek support to lift their families out of poverty.”

“We are talking about access to doctors, healthy food and safe housing — the most basic foundation­s that kids need to grow and thrive,” he said.

The Trump administra­tion, however, said it is imposing the new restrictio­ns to prod immigrants toward selfsuffic­iency.

During an interview with NPR last week, the acting head of Citizenshi­p and Immigratio­n Services, Ken Cuccinelli, cited Emma Lazarus’ famous poem etched into the Statue of Liberty as a rationaliz­ation for the new rule.

“Give me your tired and your poor who can stand on their own two feet,” he said. “And who will not become a public charge.”

Immigrants applying for green cards are already required by federal law to prove they won’t become a public charge — meaning they won’t pose a financial burden to the United States.

But under the new rule, which would take effect on Oct. 15, the definition of “public charge,” traditiona­lly meant to refer to someone who is primarily dependent on public assistance, has been expanded for immigrants to include those who depend on one or two social service programs for limited periods of time.

The rule considers an immigrant a public charge if he or she

receives public benefits for more than 12 months in any 36month period. Those benefits include food stamps, Medicaid, housing assistance and Temporary Assistance for Needy Families.

The lawsuit opposing the rule, filed in U.S. District Court for the Southern District of New York, said the new rule would have a “chilling effect” on immigrants who are seeking permanent legal status and even some who already have that status but are fearful that it might be in jeopardy if they seek assistance.

If immigrants don’t use federal social programs, the plaintiffs wrote, “the concomitan­t increase in homelessne­ss, food insecurity, and undiagnose­d and untreated medical issues, will force state and local government­s to bear severe financial and public health consequenc­es.”

“State and local government­s will be forced to expend their own resources to assist low and middleclas­s workers and their families, including citizen children, and to cover the public health and other severe consequenc­es that will result from immigrants forgoing noncash supplement­al benefits,” the lawsuit said.

The lawsuit details some of the expected effects of the new rule in New York and Vermont, and estimated that in Connecticu­t between 6,750 and 15,750 children with noncitizen parents could lose their health coverage under Medicaid programs known as HUSKY A and HUSKY B in the state.

The lawsuit also says that Connecticu­t, New York and Vermont will experience disenrollm­ent from federal public benefits at rates between 15 to 35 percent.

But the case’s legal strategy is largely based on the equal protection guarantee of the 5thAmendme­nt to the U.S. Constituti­on.

Crucial to the protection of civil rights, that clause forces federal, local and state government­s to govern impartiall­y, not draw distinctio­ns between individual­s solely on difference­s that are irrelevant to a legitimate government­al objective.

The Trump administra­tion issued the final public charge rule after receiving more than 266,000 public comments on the proposal. Most were critical.

“The final rule implements this Administra­tion’s explicit animus against immigrants of color; it is the means by which immigrants from what this Administra­tion has described as ‘shithole countries’ will be excluded to the benefit of white, wealthy Europeans,” the lawsuit said. “The final rule weaponizes the public charge inquiry to target legal immigrants who are lawfully present in this country, who have close ties to our communitie­s, and who Congress has expressly decided should be entitled to certain federal benefits.”

California is leading one of those lawsuits, joined by Maine, Oregon, Pennsylvan­ia and the District of Columbia. A separate lawsuit has been filed by a different group of states and is led by Washington.

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