Oregon among states suing over rule to block immigrants from public assistance

Ken Cuccinelli

Acting Director of United States Citizenship and Immigration Services Ken Cuccinelli, speaks during a briefing at the White House, Monday, Aug. 12, 2019, in Washington. (AP Photo/Evan Vucci)AP

Oregon is among four states who filed a lawsuit on Friday challenging the Department of Homeland Security’s new “public charge” rule that could revoke legal status or green cards from immigrants who use Medicaid, food stamps, housing vouchers and other public services.

The lawsuit, filed in the United States District Court for the Northern District of California, argues that the rule targets immigrants and their families who are working legally with a visa or a green card, and creates unnecessary barriers to admission to the United States. The rule is set to take effect in October.

There are more than 250,000 immigrants who work in Oregon, while about 132,000 children with at least one immigrant parent receive care through Oregon Health Plan.

“This cruel new rule punishes families for simply being immigrants,” said Attorney General Ellen Rosenblum, who filed the case along with Gov. Kate Brown.

“The rule will hit children and families across our state who need food and medical assistance the most,” Rosenblum said in announcing the filing. “Parents will be reluctant to access public health care for their children, or food benefits, for fear that their immigration status will be revoked. This is not the America we want -- we want an America that takes care of each other, and values keeping families together.”

California, Maine and Pennsylvania signed on to the lawsuit with Oregon, along with the District of Columbia. It follows another suit filed in U.S. District Court in San Francisco by the state of Washington, 12 other states and two California counties.

The lawsuits all contest what is seen as one of Republican President Donald Trump’s most aggressive moves to restrict legal immigration. A spokesman for the White House declined to comment, while U.S. Citizenship and Immigration Services did not respond to a request for comment.

The Oregon suit argues that the rule creates unnecessary new obstacles for immigrants who want to legally live in the U.S. It also discourages them from using health, nutrition, housing and other programs for fear it will erode their chances of being granted lawful status.

"Our nation’s greatness is enhanced by the contributions of our immigrants, and yet the federal government continues to attack this community,” Gov. Brown was quoted in a statement announcing the suit. “The Trump Administration’s Public Charge rule will force families to choose between basic services they legally qualify for, and need to thrive: access to health care, housing and putting food on the table. It’s wrong, and we won’t stand for it in Oregon.”

In another statement on the lawsuit, California Attorney General Xavier Becerra said that nearly half of Americans would be considered a burden if the same standards applied in the new law were applied to U.S. citizens.

Trump’s attempts to thwart illegal immigration have drawn the most attention. However, the announcement of this new change on Monday affects people who entered the United States legally and are seeking permanent status.

"We want to see people coming to this country who are self-sufficient," said Ken Cuccinelli, the acting director of Citizenship and Immigration Services.

Thirteen immigrant advocacy and legal groups led by La Clínica de la Raza filed a separate lawsuit Friday in the same court, arguing the regulation was motivated by racial bias.

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