Three states and the city of New York are asking the Supreme Court to suspend the enforcement of the “public charge” rule until the CCP virus pandemic is over.
The public charge rule that went into effect nationwide in February makes immigrants inadmissible to the United States or potentially ineligible for permanent residency or a visa renewal if he or she is likely to become a public charge at any time in the future.
It will consider a person a public charge if they receive at least one government benefit for more than 12 months in the aggregate in a three-year period.
New York Attorney General Letitia James and the attorneys general of two other states—Connecticut and Vermont—and New York City filed a motion on Monday urging the top court to halt the implementation of the new rule because they claim it discourages immigrants and their families from accessing healthcare and public benefits needed to prevent the spread of the COVID-19, the disease caused by the virus, or mitigate the economic impact caused by the virus.
In their filing on Monday, James and the other attorneys general argued that the current global pandemic had significantly altered American society since the two Supreme Court decisions. The CCP virus had thrown the country into an “unprecedented crisis” and “exacted a tremendous toll on the nation,” they said.
James said since early March that she and other attorneys general had attempted to urge the Department of Homeland Security (DHS) to suspend the implementation of the rule. She and 17 other attorneys general sent a letter to the agency on March 6, which they say was unanswered.
“Failure to immediately stay implementation of the Rule so that we can take the steps necessary to contain and mitigate the outbreak of the disease puts the public health and safety of our communities at increased risk,” the attorneys general wrote.
The alert also stated that USCIS would need to consider the receipt of certain cash and non-cash public benefits including ones related to the testing or treatment of COVID-19 as part of a public charge determination for immigrants and nonimmigrants seeking an extension of stay or change of status.
The motion asks the Supreme Court to reverse or modify its decision to allow the rule from taking effect until the national emergency concerning COVID-19, which was declared on March 13, is over.
“Immigrants provide us with health care, care for our elderly, prepare and deliver our food, clean our hospitals and public spaces, and take on so many other essential roles in our society, which is why we should all be working to make testing and health coverage available to every single person in this country, regardless of immigration status,” she added.
The Justice Department did not immediately respond to The Epoch Times’ request for comment.
Meanwhile, Ken Cuccinelli, acting director of Citizenship and Immigration Services, previously said that the rule was implemented because the administration wanted to “see people coming to this country who are self-sufficient.”