AG James, NYC file motion to halt ‘public charge’ rule during pandemic

Attorney General Letitia James filed to halt the enforcement of the “public charge” rule during the COVID-19 crisis. Eagle file photo by Rob Abruzzese

By Victoria Merlino

New York Attorney General Letitia James and New York City’s Corporation Counsel James Johnson filed a motion in Manhattan federal court to temporarily halt the implementation of the Trump administration’s “public charge” rule as COVID-19 continues to cause upheaval in the lives of millions of New Yorkers. 

The “public charge” rule expands the definition of who could be denied entry and permanent residence in the United States based on a person’s likelihood of using federal assistance programs like Medicaid, food stamps and Section 8 housing. 

“Unlike the Public Charge Rule, this disease does not discriminate — infecting both citizens and non-citizens alike,” James said in a statement. 

“As our state and nation continue to suffer the devastating effects of COVID-19, it has become more and more clear that the Trump Administration’s Public Charge Rule will only further exacerbate the problem and punish New York and other immigrant-rich states by denying many the ability to obtain health care,” she continued.

The attorneys general of Vermont and Connecticut joined the motion.

Last week, New York and a coalition of other states failed to convince the Supreme Court to block the nationwide policy change nationwide during the pandemic, but they were allowed to file a motion with the U.S. District Court for the Southern District of New York for a decision on the matter.

James tried to block the implementation of the “public charge” rule last year, an effort that included New York City and a host of community groups. She initially received an injunction against implementation, but in February, federal courts allowed the rule to go into effect. 

New York City officials have expressed fears that the rule could have a major impact on the city’s immigrant communities, and that confusion around the rule may cause residents to disenroll from necessary public assistance.

“We know that the rhetoric associated with the public charge rule, the goals and political aims that the rule and its charges seek to drive and to implement, do nothing to reflect the true nature of our families, of our communities, of the way that our societies are more prosperous, more cohesive,” Mayor’s Office of Immigrant Affairs Commissioner Bitta Mostofi said in February.