Washington Attorney General Nick Brown announced on Monday that Washington state has joined a multistate lawsuit seeking to block a new federal immigration rule that would give officials more discretion to consider an immigrant’s use of public benefits when reviewing applications for permanent residency.
The lawsuit, filed in federal court in New York, argues the rule could discourage immigrant families from using programs such as Medicaid, CHIP and SNAP, even when they are legally eligible for them.
The Department of Homeland Security says the rule, which takes effect Sept. 18, restores broader discretion for immigration officers to consider an applicant’s circumstances when determining whether someone is likely to become a “public charge.”
Brown and the other states argue the rule goes too far and violates federal law.
“This new rule is designed to intimidate and harm immigrant families,” Brown said. “DHS cannot legally withhold permanent residency from people who receive benefits to which they’re lawfully entitled, like food assistance, even for a short period of time.”
The states also warn that fear surrounding the rule could have consequences beyond immigration, including families dropping health coverage or food assistance and increased pressure on hospitals, schools and state agencies.
The coalition is asking the court to declare the rule unlawful and block it from taking effect.
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