Public charge rule blocked by federal appeals court

Advocates rallied at Make the Road New York’s Jackson Heights offices in August to protest the “public charge rule” change, which they say would make life harder for immigrants. Eagle photo by Victoria Merlino.

By Victoria Merlino

A federal appeals court in Manhattan on Wednesday blocked the Trump administration from overhauling the country’s “public charge rule” to prevent immigrants who receive public benefits from qualifying for citizenship — a radical change that advocates say would significantly impact Queens’ immigrant communities.

The 2nd U.S. Circuit Court of Appeals denied the Trump administration's request to stay an injunction against the “public charge rule” brought on by lawsuits from New York Attorney General Letitia James, the Legal Aid Society and advocacy groups like Make the Road New York. 

The rule, which was initially set to go into effect in October, would expand the definition of who could be denied entry and residency in the United States based on a given immigrant’s likelihood of using public assistance programs like Medicaid or Section 8 housing vouchers. 

The Trump administration argues that the rule is “encouraging self sufficiency” and protects the country’s interests, but opponents say the proposed measure is xenophobic, anti-poor and illegal.

“The Trump Admin’s attempt to overturn the nationwide block of their Public Charge rule has been DENIED,” James tweeted on Wednesday. “The rule is dangerous, disruptive, and unlawful. We will continue to fight against it.”

Advocates fear that Queens, where immigrants account for 47 percent of the population, might be severely impacted by the rule if it were implemented. 

Assemblymember Catalina Cruz, who represents Corona, Elmhurst and Jackson Heights, rebuked the idea of a “public charge rule” at a press conference in August. 

“My district will be one of the most affected — not just by this rule, but by every single new piece of political strategy that comes out of the White House,” Cruz said. “Because we’re almost at election time, and we’re going to see more and more tactics like these that are going to try and take the humanity away from our community to then turn it into votes and money for [Trump’s] re-election.” 

Mayor Bill de Blasio and Queens District Attorney Melinda Katz also voiced their opposition to the rule over the summer.