AG James sues Trump to stop ‘public charge’ rule change

New York Attorney General Letitia James filed a lawsuit against the Trump administration over the expansion of the “public charge” immigration rule. Photo by Mark Lennihan/AP.

New York Attorney General Letitia James filed a lawsuit against the Trump administration over the expansion of the “public charge” immigration rule. Photo by Mark Lennihan/AP.

By Victoria Merlino

New York Attorney General Letitia James is suing the Trump administration over its decision to deny green cards and visas to many immigrants enrolled in benefit and entitlement programs — a measure with significant implications for Queens’ hundreds of thousands of immigrants.

James slapped the administration with a lawsuit against the so-called “public charge” rule Tuesday, beginning a new chapter in James’ battle against the president's policies. 

The new rule expands the definition of a “public charge,” so that any immigrant who has utilized public programs, such as food stamps, can be considered a “public charge” and ineligible for permanent residence or citizenship. This includes legal immigrants looking to change their immigration status.

The rule is scheduled to take effect on Oct. 15. 

“Generations of citizens landed on the welcoming shores of Ellis Island with nothing more than a dream in their pockets,” James in a statement. “The Trump Administration’s thinly veiled efforts to only allow those who meet their narrow ethnic, racial and economic criteria to gain a path to citizenship is a clear violation of our laws and our values.”

The states of Connecticut and Vermont and New York City also joined James’ suit. 

James and the other jurisdictions claim that the “public charge rule” unfairly targets low-income immigrants, as well as immigrants of color and those with disabilities. They also claim that the administration is ignoring Congressional intent and already established case law by trying to implement the rule.

The White House argues enforcement of the rule is necessary to “encourage self-sufficiency.”  

In Queens, where 47 percent of its population are immigrants, the policy could create even more confusion after a summer filled with fear of ICE crackdowns

"The ultimate city of immigrants will never stop fighting President Trump’s xenophobic policies," said Mayor Bill de Blasio in a statement. "When you mess with our neighbors, you mess with all of us. To the President, we’ll see you in court."