Press Releases
03/22/2019
ATTORNEY GENERAL TONG JOINS MULTISTATE AMICUS BRIEF CHALLENGING ANOTHER TRUMP ADMINISTRATION ATTACK ON IMMIGRANT FAMILIES
Attorney General William Tong joined a coalition of 19 attorneys general in filing a multistate amicus brief defending the rights of immigrant families to access basic housing, healthcare, and other public benefits.
The brief supports the plaintiffs in Mayor and City Council of Baltimore v Trump et al., challenging the Trump Administration’s abrupt and improper adoption of punitive new State Department policies designed to restrict family immigration and deter use of public benefits. The illegal policy, embedded in the U.S. Department of State's Foreign Affairs Manual (FAM), instructs consular officials to consider family members' use of noncash public assistance in deciding whether to grant visas. For example, an individual applying for an immigration visa from outside the United States may now be denied entry due to family already in the United States enrolled in the Children's Health Insurance Program or the Supplemental Nutrition Assistance Program. The policy deters vulnerable people from seeking public assistance, which will hurt children, families, and communities.
The attorneys general argue that they have a compelling interest in ensuring that immigrants have access to public benefits designed to keep families strong, healthy, and economically secure.
"These cruel policies are designed to intimidate and discourage immigrant families from seeking basic benefits that lift families out of poverty and help keep children healthy. These changes do nothing to reform our broken immigration system, and will only drive immigrants further into the shadows and deprive children and families of needed housing, healthcare and education. Connecticut stands in support of the City of Baltimore in defending our common interest in protecting the health, well-being and economic security of all our residents," said Attorney General Tong.
On January 3, 2018, the U.S. Department of State revised sections of its Foreign Affairs Manual (FAM) guidance to permit consular officials to consider the receipt of a wide range of public benefits. This includes considering an applicant’s entire household when adjudicating admission and decreases the weight traditionally given to a financial sponsor’s affidavit of support to determine whether someone is a “public charge.” The term public charge has long been used to describe people who benefit from government-funded cash assistance or long-term care. Individuals who are likely to become a public charge may be denied admission to the U.S. or lawful permanent status.
On November 28, 2018, the City of Baltimore filed a lawsuit in the U.S. District Court for the District of Maryland, challenging the Trump Administration’s changes to the public charge guidance in the FAM. The City of Baltimore and its counsel, Democracy Forward, argue that the FAM guidance deters immigrant families from accepting Baltimore’s public benefits such as housing, healthcare, education and other assistance programs out of fear of jeopardizing their future legal immigration status or the status of their family members. The City further argues that it will be forced to expend resources to encourage immigrants to accept these benefits, and that the changes to the FAM guidance will impose costs on Baltimore’s programs and the city as a whole.
Attorney General Tong joined the Attorneys General of Colorado, Delaware, Illinois, Iowa, Massachusetts, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Virginia, Vermont and Washington, led by California and the District of Columbia.
A copy of the brief can be found here.
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