Trump “Public Charge” Regulation Unlawful, Lawsuit Claims

Trump “Public Charge” Regulation Unlawful, Lawsuit Claims

Nonprofits aim to block policy targeting millions of families of color

SAN FRANCISCO — Nonprofits serving immigrant communities and advocates for racial equity, health, children, farmworkers, and working families today filed suit to block implementation of the Trump administration’s “public charge” regulation, which threatens millions of immigrant families — disproportionally families of color. 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 the U.S. Department of Homeland Security (DHS) unlawful and unconstitutional. DHS finalized the regulation on August 14, 2019.

“The public charge regulation is an attack on the culturally diverse families we serve, threatening their health and their very lives,” said Jane Garcia, chief executive officer of La Clínica de La Raza. “We will stand with our patients and their families and fight this.”

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. The plaintiffs are represented by the National Immigration Law Center, Asian Americans Advancing Justice – Los Angeles, the National Health Law Program and the Western Center on Law and Poverty.

The complaint argues that the regulation was motivated by racial bias against nonwhite immigrants and asks the court to strike it down as a violation of Equal Protection under the Fifth Amendment of the U.S. Constitution. As indicators of a motivating racial animus, the complaint cites the administration’s acknowledgement that the policy will have a disparate impact on families of color, President Donald Trump’s own racist statements, and his administration’s other racially-biased policies.

“Donald Trump pushed to execute innocent Black men wrongly accused of murder. He called the white supremacists in Charlottesville ‘very fine people.’ He slurred Black immigrants from Haiti and Nigeria. And he froze or cancelled protected status for immigrants from majority-Black countries. Donald Trump’s words and his actions have consistently targeted Black families,” said Amaha Kassa, founder and executive director of African Communities Together. “When Ken Cuccinelli, the man who signed this regulation, goes on the radio and says ‘not everyone has the right to be an American,’ Black families know exactly who he’s talking about.”

“This rule change is a direct attack on communities of color and their families, and furthers this administration’s desire to make this country work primarily for the wealthy and white. Our immigration system cannot be based on the racial animosities of this administration, or whether or not people are wealthy,” said Antionette Dozier, senior attorney at the Western Center on Law and Poverty.

“This expansion of the rule is part and parcel of the administration’s crusade to instill fear in immigrant communities of color,” said Laboni Hoq, litigation director at Asian Americans Advancing Justice – Los Angeles (Advancing Justice – LA). “By including criteria such as English language proficiency as a negative factor for obtaining permanent residency, the administration is telling immigrants that they are not welcome here. This is unacceptable. Xenophobia has no place in our country, let alone our laws.”

Plaintiffs also assert that the regulation violates the Administrative Procedure Act because it is contrary to law and arbitrary and capricious. The complaint also argues that the regulation is invalid because the official who approved its publication, Kenneth T. Cuccinelli, was appointed in violation of the Constitution’s Appointments Clause and the Federal Vacancies Reform Act.

More than 260,000 public comments were submitted on the draft regulation last fall, the vast majority in opposition. The regulation targets programs that serve whole families — Medicaid, the Supplemental Nutrition Assistance Program, and Section 8 housing assistance — meaning its impact will extend well beyond immigrants directly affected. As a result, experts warn, the regulation will result in increases in hunger, unmet health and housing needs, and poverty. Because affected immigrants are overwhelmingly immigrants of color, the rule is also expected to widen racial disparities. Independent analysts estimate that the regulation threatens millions of people. A significant portion of those threatened by the regulation were born in the U.S., and nearly a third of those are children.

“This rule is a scare tactic designed to create fear and confusion in immigrant communities. The devastating effects will reach even further than the text of the rule itself, as immigrants and their families forgo vital food, housing, and health care services,” said Jane Perkins, legal director at the National Health Law Program.

La Clínica de la Raza and other plaintiffs are health care providers and other nonprofit organizations that seek to protect access to health care, nutrition, housing, and other government benefits for immigrants of color, regardless of their immigration status or financial means. The complaint asserts that the public charge regulation threatens their missions and the communities they serve.

“If the changes made to public charge are implemented, this will cause irrevocable damage to our communities. Deterring anyone from seeking public services that help them survive and support their families is inhumane,” said Carmela Castellano-Garcia, president and CEO of the California Primary Care Association. “We have an obligation to our patients and our communities to protect the rights of everyone, regardless of immigration status, which is why we are suing to stop the implementation of this rule.”

“The Trump administration has deliberately designed this policy to target families of color, which is part of its overall blueprint to change the face of what we look like as a nation and who is considered worthy of being an American. It threatens immigrants of color with exclusion and Americans of color with deprivation or family separation. And it aims to deny working-class immigrants of color the ability to thrive in the land of opportunity,” said Marielena Hincapié, executive director of the National Immigration Law Center. “We will not stand for it. We’re fighting back against this racist policy, and we’re going to win the fight to protect immigrant families.”

Today’s filing is available at https://www.nilc.org/wp-content/uploads/2019/08/Clinica-de-la-Raza-v-Trump-complaint-2019-08-16.pdf.

The recording of today’s conference call regarding this filing is available at https://www.nilc.org/wp-content/uploads/2019/08/public-charge-lawsuit-2019-08-16.mp3.

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