OCA Praises Court's Blocking of Trump's "Public Charge" Rule

Washington, DC - OCA-Asian Pacific American Advocates praises Judge George Daniels of the U.S. District Court for the Southern District of New York for blocking the Trump administration’s “public charge” rule, protecting vulnerable immigrants’ access to health, food, and housing assistance during the COVID-19 pandemic. Under the public charge rule, any immigrant who received at least one public benefit -- such as food stamps and housing vouchers -- for more than 12 months within a three-year period was defined as a “public charge.” This made them effectively ineligible for Lawful Permanent Resident status (LPR), commonly known as a “green card.”

The term “public charge” has historically been evoked to target and exclude immigrant communities both within and outside of the U.S., claiming that these immigrants would be an economic burden to the nation. The Trump administration’s “public charge” rule impacted an estimated 382,000 immigrants seeking LPR status.

Enacted in February, the rule also introduced greater health risks during the global COVID-19 pandemic. It deterred immigrants from seeking COVID testing and treatment for fear of risking their green card eligibility, potentially increasing the infection and fatality rate within already-vulnerable immigrant communities and the general public. Although U.S. Citizenship and Immigration Services technically did not consider COVID testing and treatment to constitute a “public charge,” the rule still chilled immigrant access to crucial care. Judge Daniels’ recent decision is critically important for the preservation of public health and human rights.

“As advocates for Asian American and Pacific Islander communities largely comprised of immigrants, both documented and undocumented, OCA will always be dedicated to protecting the civil rights of all immigrants,” says Executive Director Rita Pin Ahrens. “If and when the issue returns to the Supreme Court, we hope that the Justices will do the right thing and reverse their January decision that upheld the discriminatory public charge rule.”

OCA–Asian Pacific American Advocates is a national civil rights organization dedicated to improving the social, political, and economic well-being of Asian American and Pacific Islanders (AAPIs).

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