California and 21 other states filed a federal lawsuit against the Trump administration on Monday, seeking to block the rule change. Expanding the number of people who can be denied green cards Include a wide range of people who have used or may use public benefits such as food and medical assistance.
In July, the Trump administration announced changes to expand who can be considered a “public employee” who relies on government aid.
Immigration lawyer Narciso Cruz said before the change that it was a less common reason for denial.
“This is going to be a limited and limited analysis,” Cruz said, “first, the use of cash welfare and cash assistance, and second, long-term institutional care.”
“In the old analysis, if you were to be placed in a workhouse, which is basically the equivalent of today’s facility where all your needs are taken care of forever, well beyond the rest of your life, that would be considered a public denunciation,” California Attorney General Rob Bonta said at a press conference Monday announcing the lawsuit.
But the latest guidelines, scheduled to go into effect Friday, say immigration officials can refuse to issue green cards for “any benefit.” This could include free school meals and state-provided health insurance for the applicant and his or her dependents, including children, who are U.S. citizens.
“Think about it: The government wants to punish immigrant families who took advantage of benefits to which their children are legally entitled,” Bonta said.
“This is a cruel policy designed to force immigrant families to abandon health care and food assistance programs for fear that doing so could jeopardize their immigration status,” he added.
“To be clear, sanctuary states fear the loss of federal funding, as hundreds of thousands of illegal aliens and noncitizens could be removed from U.S. welfare programs,” a Department of Homeland Security spokesperson said in a statement about the lawsuit, adding, “We are shocked by what appears to be this dire outcome.”
“This is the ideological distortion demanded by leftist leaders to justify the fraud of American taxpayers at the hands of illegal criminals,” the statement continues. “DHS has been hearing for months from CNN and other trusted journalists that undocumented immigrants do not have access to these very same benefit programs. So which one?”
The new rules also allow denial of a green card based on benefits a person may receive in the future.
“The immigrant’s age, the immigrant’s current health status, level of education, work skills, or the type of education or training this person has had in the past will also be examined,” Cruz said, adding, “This is at the discretion of the officer.”
He said the rule changes were already having an impact.
“Not many people know exactly whether they qualify for public liability,” Cruz said. “What we’re seeing is fewer people want to apply for green cards, fewer people want to apply for public benefits, and that’s creating fear and confusion.”
The first Trump administration enacted a similar rule in 2019, but it was struck down by a court after a lawsuit and overturned under President Joe Biden.
Bonta said this is the 92nd lawsuit California has filed against the federal government in the 86 weeks since Trump returned to office.