December 3, 2020 – SACRAMENTO – California Attorney General Xavier Becerra received a 9th Circuit Court of Appeal order Wednesday confirming a prior injunction in multiple states Lawsuit against the Trump Administration Public Prosecution. The rule targets working immigrants and their families by turning the use of critical health, nutrition, and housing programs that complement their modest incomes into barriers to legal admission to the United States. The order of the Court of Appeal applies to the multi-state coalition and the states involved in related Ninth Circle cases.
“We applaud today’s decision that prevents the Trump administration from carrying out its immoral public charges while we take our case to court.” said Attorney General Becerra. “As we continue to face an unprecedented economic and health crisis, it is inhumane to force hardworking families to choose between basic needs and maintain their immigrant status. The attack on the health care of a single community is an attack on all of us. Today’s victory is crucial, but the fight is not over yet. We will not let the Trump administration’s attack on our immigrant communities go unchecked. “
Longstanding guidance from the federal government defined a public levy as a person who relies primarily on public monetary support to maintain income or on institutional long-term care at the expense of the government. The Trump administration has sought to broaden this definition by stating that the use of additional government programs is grounds for public billing, including health care through Medi-Cal (California’s Medicaid program), nutrition, and food support through CalFresh (California’s Supplemental Nutrition Assistance Program)) and housing for families through Section 8 Housing assistance. The public fee rule has an oversized impact in California, where one in four children is immigrant and one in two children has an immigrant parent. The rule discourages eligible immigrant and mixed immigrant families who are not otherwise subject to the rule from applying for benefits they need and are entitled to. This also makes it difficult for low- and middle-income immigrants to enter the United States or obtain green cards.
Attorney General Becerra has fought at every turn against the public indictment of the Trump administration. In 2018, Attorney General Becerra urged the Trump administration to withdraw its original proposal for public indictment. In 2019, Attorney General Becerra explained how the final ruling would negatively impact California’s public health, social services, housing, education programs, and economy. Shortly thereafter, he filed a lawsuit against the deterrent effects of the rule. As COVID-19 began to invade the country, Attorney General Becerra urged the Trump administration to stop implementing the public prosecution in an attempt to combat the spread of the ongoing pandemic.
Attorney General Becerra is assisted in this case by the Attorneys General of Maine, Oregon, Pennsylvania and the District of Columbia.
You can find a copy of the decision here.
Source: CA. DOJ
Related: California attorney general leads coalition calling on the Trump administration to withdraw the U.S. State Department’s public fee rule