On January 8, 2020, the U.S. Court of Appeals for the Second Circuit decided to keep blocking the implementation of the Department of Homeland Security (DHS) changes to the “public charge” test. The test is used to deny admission to the United States or refuse an application for lawful permanent resident status (a “green card”). The court rulings mean that for immigrants seeking green cards in the U.S., the old rules apply-- they can keep using Medi-Cal/Medicaid, CalFresh/food stamps, and federal housing programs that help their families stay healthy. And family members can continue to receive cash benefits without affecting a relative’s green card application unless the benefits are the family’s only income.
The court ruling does not affect the public charge decisions made by the Department of State (DOS). People applying for a green card through a U.S. consulate face a different rule, which is in the process of changing. Those who expect to apply for a visa or have their green card interviews outside the U.S. should consult an immigration lawyer.
This morning, the National Immigration Law Center, National Health Law Program, Western Center on Law & Poverty, and Asian Americans Advancing Justice-Los Angeles filed a lawsuit against the Trump Administration to block the implementation of the DHS final rule, which threatens millions of immigrant families —disproportionately families of color. . The suit, filed in the Northern District of California, was filed on behalf of nonprofits serving immigrant communities and advocates for racial equity, health, children, farm workers, and working families today. La Clínica de la Raza et al. v. Trump et al. filed in the U.S. District Court for the Northern District of California, asks the court to declare the regulation issued by DHS unlawful and unconstitutional.
In addition to La Clínica de la Raza, the suit was brought by African Communities Together, the California Primary Care Association, the Central American Resource Center, the Council on American Islamic Relations -California, Farmworker Justice, the Korean Resource Center, the Legal Aid Society of San Mateo County, and Maternal and Child Health Access.
As you may already know, thirteen states led by Washington Attorney General Robert Ferguson filed a lawsuit Wednesday, as well as the Counties of San Francisco and Santa Clara, to challenge the rule as well.
The rules proposed in OCTOBER 2018 ARE NOT YET IN EFFECT and are not final until they are officially adopted; not every immigrant is affected by the changes so they should consult LIBRE or other knowledgeable immigration groups; affected individuals and communities/agencies are opposing these changes and they can participate in trying to stop the regulation changes; AND there will be time to make adjustments to benefits if these proposals become finalized.
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One of the Trump administration’s most insidious attacks on immigrants is at risk of flying under the radar - but you can help expose the truth.
The administration is trying to expand a rule with racist roots called “public charge” to punish immigrants for taking care of their families.
We only have until December 10th to submit public comments to oppose Trump's cruel proposal.
That’s why we're so excited to reshare this NEW VIDEO, created by CIPC’s Impact Video Producer, Set Hernandez Rongkilyo, which breaks down this critical issue in everyday language and lets people know how they can fight back.
Please share this video to encourage every Californian to #ProtectFamilies and help stop Trump’s cruel attack.
Thanks to our friends at Talk Poverty we have a consise explanation of the Public Charge Proposed Rule change issue. Please follow the link to learne more.