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OLYMPIA, Wash. - Washington joined a multi-state lawsuit to block the U.S. Department of Homeland Security's new policy, which they argue allows immigration officials to punish immigrants for using public benefits.
The U.S. Department of Homeland Security (DHS) instituted a new "public charge" rule, which the coalition of attorneys general gives immigration officers "broad discretion to deny green cards" to immigrants based on their use of public benefits.
The multi-state coalition is asking a U.S. District Court in New York to declare the rule unlawful.
"This new rule is designed to intimidate and harm immigrant families," said Washington State Attorney General Nick Brown. "But DHS cannot legally withhold permanent residency from people who receive benefits to which they’re lawfully entitled, like food assistance, even for a short period of time."
New DHS rule targets immigrant family health benefits
The backstory:
A "public charge" is a test used by immigration officers to decide if someone applying for a green card or a visa is likely to become dependent on the government.
In 2022, the federal government issued a rule limiting the focus of these public charge determinations. The new ruling allows immigration officers to count "nearly any means-tested public benefit" against an applicant, including benefits an applicant might be legally obligated to use to support family members, even if that family member is a U.S. citizen.
The coalition argues there is no clear limit on which benefits or their usage count against an applicant.
DHS warns of ‘fear and confusion’
The other side:
According to the multi-state coalition, DHS itself acknowledged the new rule will likely cause fear and confusion for immigrant families, leading them to pull out of these benefits. DHS estimates this disenrollment could reduce other federal medical payments by more than $4 billion, including Medicaid, Children's Health Insurance Program and SNAP.
The coalition argues that, when families lose health coverage, they delay care and go to emergency rooms instead, which will strain local hospitals and raise costs.
The coalition of attorneys general claims this new DHS rule violates the Administrative Procedure Act on the grounds that it is "arbitrary and capricious," exceeds the jurisdiction of DHS and goes against the public charge provision as established by Congress.
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The Source: Information in this story comes from the Washington State Attorney General's Office.