NY AG James Seeks to Halt Trump Administration's 'Public Charge' Immigration Rule Amid COVID-19 Crisis
The 32-page brief cited instances where immigrants feared they may have been infected but decided to forgo care out of fear that their immigration status would be jeopardized.
April 29, 2020 at 12:52 PM
2 minute read
New York State Attorney General Letitia A. James delivering opening remarks at a Brownfield/Superfund 2019 Update program, Dec. 12, 2019, at the New York City Bar Association. Photo: David Handschuh/NYLJ
New York Attorney General Letitia James has asked a Manhattan federal judge to delay the implementation of the Trump administration's "public charge" rule until after the COVID-19 pandemic has passed, saying that the measure exposed immigrants to greater risk from the novel coronavirus.
The filing, submitted late Tuesday night on behalf of New York, Connecticut, Vermont and New York City, seeks a stay of the U.S. Supreme Court's decision in January to lift the lower court's injunction temporarily halting the rule, which would make it easier for the federal government to deny legal status to immigrants who apply for public assistance.
James argued in the filing that immigrants were now less likely to access publicly funded health care, including testing and treatment programs, and that the rule deterred access to benefits meant to ease the growing economic burden caused by the disease.
The 32-page brief also cited instances where immigrants feared they may have been infected but decided to forgo care out of fear that their immigration status would be jeopardized.
"The rule thereby impedes efforts to protect the public at large from further spread of the virus and to promote our nation's recovery from the economic crisis that the virus has caused," the filing said.
Though the high court allowed the rule to take effect, litigation remains pending before U.S. District Judge George B. Daniels of the Southern District of New York.
James and the other attorneys general argued that the district court had the authority to issue a new, narrow injunction to address the "drastic changed circumstances" of the COVID-19 pandemic, which they said should remain in effect for the duration of the crisis.
Read More:
Suit to Halt Trump's 'Public Charge' Rule to Be Refiled After SCOTUS Denies Petition
2nd Circuit Judges Challenge US DOJ Lawyer on 'Public Charge' Rationale
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