New Rule Threatens Family-Sponsored Permanent Resident Status for Asian American Families Who Have Used Certain Essential Benefits

New York City…After the U.S. Supreme Court on Monday lifted the nationwide stay on implementation of the U.S. Citizenship and Immigration Services (USCIS)’s final public charge rule, the agency announced last night that it would begin implementing its new policy on Feb. 24, 2020, except in the State of Illinois (where a federal court issued a limited injunction).

This new rule would deny permanent resident status (“green cards”) to immigrants who use such government services as nutrition programs and housing assistance. It applies a new wealth test by expanding the number of public benefits that would subject an individual to a public charge determination and adds age, health, and employability as factors that immigration and consular officers must use in deciding whether to grant green card status. The Asian American Legal Defense and Education Fund (AALDEF) will educate and engage Asian American communities about this change.

AALDEF executive director Margaret Fung said: “Despite the Court’s decision, the legal fight will continue against the administration’s attempt to reshape our immigration system by favoring wealthy and white immigrants over low-income people of color. It’s more crucial than ever that Congress block funding of this new regulation.”

Although the regulation would directly affect only a small segment of people seeking green card status in the U.S., the chilling effect of this policy change has led to many Asian American families disenrolling from essential benefits for which they qualify. As a member of the Protecting Immigrant Families (PIF) coalition, AALDEF will partner with local community-based organizations to provide accurate information to community residents about their rights in accessing services that are necessary to maintain the health and well-being of their families. AALDEF, together with Asian Americans Advancing Justice-AAJC and the National Women’s Law Center, with pro bono counsel Crowell & Moring LLP, filed amicus briefs in several of the ongoing lawsuits challenging the public charge rule based on racial bias and xenophobia.*

“AALDEF, together with our communities and other advocates, will fight back against efforts to penalize hard-working individuals for using government programs,” said Annie Wang, Director of AALDEF’s Immigrant Justice Project. “We will continue to work with our partners to help communities understand their rights and protect their families.”

For more information, contact:
Annie J. Wang
Director, Immigrant Justice Project
212.966.5932 x213 – awang@aaldef.org

Stan Mark
Senior Staff Attorney
212.966.5932 x204 – smark@aaldef.org

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Download our amicus briefs in these five public charge cases:

<em>Make the Road New York et al. v. Cuccinelli et al.</em>

<em>State of New York, et al. v. United States Department of Homeland Security, et al.</em>

<em>City and County of San Francisco, et al. v. United States Citizenship and Immigration Services, et al.</em>

<em>State of California, et al., v. U.S. Department of Homeland Security, et al.</em>

State of Washington, et al., v. U.S. Department of Homeland Security