California joins other states to sue

Trump administration over new

immigration rule
Gabrielle Canon​, USA TODAY​Published 3:40 p.m. ET Aug. 16, 2019 | ​Updated 6:03 p.m. ET Aug.
16, 2019

California Gov. Gavin Newsom and Atty. Gen. Xavier Becerra said Friday they were taking
legal action in a bid to block ​President Trump's new “public charge rule,” ​a regulation that
would allow the government to bar entry to any individual deemed likely to rely on
Medicaid, food stamps or other public benefits.

The new Department of Homeland Security rule will also enable the government to deport
immigrants or deny visa renewals for immigrants if​ ​they use such benefits.

The move marks the 56th lawsuit the state has filed against the Trump administration.
Earlier this week, California vowed to take legal action to stymie federal officials' plans to
change how the Endangered Species Act is implemented.

“I never thought I would start my week defending the bald eagle and end my week
defending the statue of liberty,” Newsom said at the state capitol, with representatives of
state agencies, business associations, and immigrant advocacy organizations gathered
around him.

California Gov. Gavin Newsom, right, flanked by Attorney General Xavier Becerra, discusses the lawsuit
the state has filed against the Trump administration's new rules blocking green cards for many
immigrants who receive government assistance, during a news conference in Sacramento, Calif., Friday,
Aug. 16, 2019. ​(Photo: Rich Pedroncelli, AP)

California is not the first jurisdiction tochallenge the "public charge" rule. ​Maine,
Pennsylvania, Oregon, and the District of Columbia joined the complaint​, filed in U.S.
District Court on Friday, seeking to stop enactment of the new rule. The complaint asserts
that the rule unfairly targets "marginalized populations, such as children, students,
individuals with disabilities, older adults, and low-wage working families."

That ​followed a separate suit from 13 states filed earlier this week​ asserting that the new
rule would add unlawful barriers to legal immigration, in violation of the equal protection
guarantees of the Fifth Amendment of the Constitution. The suit also argues the move
interfere with states' rights.

'The right thing to do'

“Not everyone starts out life with millions gifted by daddy,” Becerra said, taking aim at the
Trump, whose father, Fred Trump, was a wealthy real-estate developer.​ ​California,
Becerra said, was built on more “rags to riches stories.”

After reciting the inscription on the Statue of Liberty, the attorney general accused the
Trump administration of weaponizing essential aid programs that provide nutrition,
healthcare, and housing services to working-class families, against legal immigrants.

California is the most populous state in the nation, with almost 40 million people. Becerra,
who delivered his remarks in both English and Spanish, told reporters that as the state with
the largest immigrant population — with close to 11 million foreign-born residents —
California has the most to lose if the new regulations are enacted.

“We are going to fight against this rule in court not just because it is the right thing to do,”
he said, “but because it is an economic imperative to do,” adding that the state was
prepared to go “every step of the way” to protect immigrant families that are seen as the
backbone and future of the state. Roughly half of all children in California have an
immigrant parent, Becerra noted.

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In the meantime, the attorney general​ ​urged residents to “know the facts and know your
rights,” insisting that those concerned seek out help from the many agencies and
organizations working on immigration issues before going to private attorneys. He also
implored religious leaders to soothe their community’s fears and act as resources. “Let’s
not let folks panic,” he said.

The ​new rule broadly changes criteria the Department of Homeland Security uses to
evaluate green card applicants,​ making it harder for those who came to the U.S. legally to
stay if they seek out or are likely to use benefits like food stamps, Medicaid, or Section 8
vouchers for housing.

Acting USCIS director Cuccinelli says new rule allowing Trump administration to deny green
cards to legal immigrants who benefit from public assistance isn't targeting Latinos b/c "if we
had been having this conversation 100 years ago, it would have applied to more Italians."
pic.twitter.com/nqSF25r5XC

— Aaron Rupar (@atrupar) ​August 12, 2019

'Reinforcing the ideals of self-sufficiency'

The Trump administration characterizes the rule change as an extension of current
immigration law, and an increased effort to encourage "self-reliance" among residents of
the United States

“Through the public charge rule, President Trump’s administration is reinforcing the ideals
of self-sufficiency and personal responsibility, ensuring that immigrants are able to support
themselves and become successful here in America,” acting Citizenship and Immigration
Services (USCIS) Director Ken Cuccinelli said in a news conference about the change on
Monday.

In California, officials said the move was a scare tactic to discourage participation public
programs across the country. Though the changes aren't scheduled to go into effect until
Oct. 15, Newsom said they have already had an impact on immigrants who are legally
entitled to those services, but who are shying away from them over fears that it could affect
their ability to remain in the country.

“The whole point of this is fear,” the Democratic governor said, adding that the state has
seen signs of decline in those seeking services and support they are entitled to.

California Gov. Gavin Newsom, right, and Attorney General Xavier Becerra, leave a news conference
where they announced the state has filed a lawsuit against the Trump administration's new rules
blocking green cards for many immigrants. ​(Photo: Rich Pedroncelli, AP)

The governor cast the new policy as in line with policies that separate migrant parents from
their children at the U.S. border, families who must choose between ensuring their children
have enough food and their desire to stay together in the US. “At the end of the day, it is a
mother deciding whether or not to get benefits for her child or being separated from that
child,” he said.

Saying the new rule was a “punch to the gut,” Newsom compared the policy to racist ones
of the past, like the Chinese Exclusion Act, which prohibited the immigration of Chinese
workers starting​ ​in​ ​the late 1800s and continuing for decades.

“Here we are generations later, having gone through that moment of extreme bigotry,” he
said.