This archive report was first published on 14 August 2019.
On August 13, 2019, the Trump administration issued a new rule that would deny permanent residency to legal immigrants deemed likely to use government benefit programs. The rule, known as the public charge rule, would base decisions about permanent legal status on a wealth test, starting in October.
San Francisco and Santa Clara County in California filed a lawsuit on Tuesday to block the Trump administration from implementing the new rule. The counties argue that the rule would have a 'chilling effect' and push many away from needed federal health care programs, forcing local governments to provide similar services and pick up the costs.
President Trump's new rule would deny green cards to poor immigrants who are deemed likely to use government benefit programs like food stamps and subsidized housing. Officials would also consider an immigrant's age, health, family status, assets, resources, financial status, and education when making decisions.
According to the Department of Justice, more than 382,000 immigrants seek an adjustment to their immigration status each year and would be subject to the public charge review. However, advocacy organizations estimate that 26 million immigrants living in the United States legally would reconsider their use of government benefits due to fear of affecting their ability to remain in the country.
San Francisco's city attorney, Dennis Herrera, stated, 'This illegal rule is yet another attempt to vilify immigrants. It makes it easier to unfairly target hard-working, lawful immigrants while sowing fear and confusion in our communities.'