California on Friday sued the Trump administration to challenge the legality of a new “public charge” rule that could deny green cards to immigrants who receive public assistance, including food stamps, Medicaid and housing vouchers.
Becerra said the new federal rule disproportionately affects California, which is home to some 10 million immigrants, many of whom may be affected by the new rule either directly or by fearing to seek public services.
People applying for green cards are already required by federal law to prove that they won’t become a “public charge,” posing a financial burden to the United States. An equal protection claim generally only prevails if it can be established that the government acted with an intent to discriminate, said Kevin R. Johnson, dean of the UC Davis School of Law.
The complaint by California raises “strong legal and constitutional” arguments and the states are likely to be able to obtain a preliminary injunction to block the rule from taking effect Oct. 15, said USC law professor Niels Frenzen, who specializes in immigration law.“Beyond that, the likelihood of prevailing on the merits of one or more of the specific legal challenges is high, at least before the District Court and before the 9th Circuit.
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