A rule proposed by the Trump administration that would change how immigrants’ use of public benefits are factored into green card applications has been halted. The change was to go into effect this week.
A federal judge issued a preliminary injunction Friday in a suit filed by Vermont Attorney General TJ Donovan and three other prosecutors. Vermont challenged the change to the “public charge” rule with New York state, Connecticut and New York City. Judges in two other cases also issued injunctions temporarily blocking the rule.
The Trump administration wants to broaden the types of benefits that could be considered when immigration officers weigh whether a green card applicant would be financially independent.
The change would result in the denial of permanent residency status for many more immigrants.
Under previous policy, only cash benefit programs could be considered. The Trump administration sought to expand the definition to include federal food, housing and health care programs.
The rule was set to go into effect Oct. 15.
Only a small number of immigrants are believed to be impacted by the proposed rule change in Vermont, but it has led to confusion. The lawsuit argued that in Vermont, refugees, though exempt from the rule changes, may believe that they could jeopardize their immigration status or a family member’s if they accept benefits.
“Fear and confusion surrounding the Final Rule will likely result in refugees, as well as their non-refugee family members, disenrolling in critical benefits that help them successfully integrate,” the lawsuit states.
Sara Brooks, an Americorps food coordinator at Spectrum Youth and Family Services in Burlington, said people at the drop-in center have asked whether accepting food assistance through 3Squares Vermont, the state’s Supplemental Nutrition Assistance Program (SNAP), could impact someone’s immigration status.
“People really don’t understand it,” Brooks said Monday. “They’re like, should get off of Medicaid if I want to become a citizen at one point?”
One of the biggest issues is the lack of information about the Trump rule and the impact it could have on the immigration status of local residents, Brooks said.
“If we’re talking about people who can’t figure out if they can [be on] food stamps or not, those are not people who can afford a $200 session with a lawyer,” Brooks said.
Opponents of the rule say it has caused a “chilling effect” in immigrants’ access to health and nutrition programs across the country. An estimated 25,000 non-citizen New York City residents dropped out of SNAP related to the rule change, officials say.
Multiple Vermont organizations contacted by VTDigger had not seen a decline in participation among immigrants in benefits programs, but they did say it has prompted confusion.
Georgia Maheras, of the Bi-State Primary Care Association, said she has heard that the federally qualified health care centers the organization represents in both Vermont and New Hampshire have gotten questions from clients confused about whether using health services will impact their immigration status.
“Individuals are not sure what they can do, what they should do, what they’re able to do — and a real worry is that they will make a choice that is disadvantageous to them or a family member,” Maheras said.
While Maheras was not aware of a decline in non-citizens’ use of health services, she noted it is a difficult population to measure.
Nissa James of the Department of Vermont Health Access said the department did not have an estimate for the number of non-citizens enrolled in Medicaid who could be affected by the rule change. Though the rule, if it does eventually go into effect, would allow Medicaid to be considered in a green card application, there are exemptions — like pregnant women, children, and refugees, as DVHA outlined in a fact sheet. Current permanent residents would also be exempt, unless they leave the country for an extended period.
Anore Horton, of Hunger Free Vermont, said before the injunction last week that the organization was hopeful that court challenges to the new rule would be successful. Hunger Free Vermont had been cautious about publicizing the rule change, because of the risk of raising concerns.
“What the rule is designed to do is scare people into dropping all their benefit programs,” Horton said last week.
Vermont’s Department for Children and Families, which oversees the state’s SNAP program, does not track detailed immigration status, so doesn’t have a clear picture of how many people would be impacted by the rule. Spokesperson Luciana DiRuocco noted it would be a “small population,” because refugees are exempt from the change. She said the department has not gotten many inquiries about the change.
In a statement after the court rulings Friday, the White House said the injunction was “extremely disappointing.”
“The rulings today prevent our Nation’s immigration officers from ensuring that immigrants seeking entry to the United States will be self-sufficient and instead allow non-citizens to continue taking advantage of our generous but limited public resources reserved for vulnerable Americans,” the White House said in a statement.
Donovan, in a statement, celebrated the blockage of the rule.
“Vermont will not allow people to be penalized for needing a helping hand when they come to this country,” Donovan said.
