New Lawsuit Challenges Public Charge Green Card Rules

Mario A. Godoy
New Lawsuit Challenges Public Charge Green Card Rules

Illinois and other states have filed injunctions that prevented the Trump administration’s new public charge green card rules from going into effect on Tuesday, October 15. Under the new public charge rules, the Department of Homeland Security redefined a public charge as someone who is “more likely than not” to receive public benefits for more than 12 months within a 36-month period.

A new lawsuit filed on December 19, 2019, says the proposed DHS public charge rules are discriminatory and the new public charge green card rules “show preference for ‘the wealthy and the white.’”

The lawsuit was brought by attorneys from the Legal Aid Society, the Center for Constitutional Rights, the Paul Weiss law firm and the National Immigration Law Center, names as plaintiffs Make the Road New York, African Services Committee and a division of Catholic Charities Community Services, and other advocacy groups.

Susan Welber, a Legal Aid Society attorney, said:

“It is the only lawsuit to date simultaneously challenging all three rules designed to prevent low-income intending immigrants of color from reunifying with their families and obtaining green cards: the two sets of public charge changes and the health proclamation. We seek to stop all three rules, in order to prevent the Trump administration from erecting an invisible, regulatory wall that would keep our clients from building a permanent life in the U.S. with their families.” 

According to the legal challenge, it remains unclear whether the State Department’s public charge green card rules are already in effect, creating confusion for applicants and their advocates.

With experience in many immigration cases and understanding of the situation this new public charge regulation could put you or your loved ones in, it could be helpful for you to contact legal counsel today. Mario Godoy and the other experienced immigration attorneys at the Godoy Law Office can assess your situation and advise you on your best options. 

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