La Clinica De La Raza et al v. Trump, Northern District of California
By: Litigation Team
Nonprofits serving immigrant communities filed a lawsuit challenging the Trump administration’s “public charge” regulation. Under the Immigration and Nationality Act, individuals seeking admission to the U.S. or seeking to adjust their status to lawful permanent residence may be denied if they are “likely at any time to become a public charge.”
Since 1882, Congress has made clear that the “public charge” exclusion applies only to individuals who are, or are likely to become, primarily dependent on the government to avoid destitution.
The regulation expands the definition of “public charge” to include individuals who use Medicaid, SNAP, and housing benefits. Plaintiffs allege that the new rule is arbitrary and capricious in violation of the Administrative Procedure Act and motivated by animus toward non-white immigrants, in violation of the equal protection guarantee of the U.S. Constitution.