Commentary: Today, Attorney General Hector Balderas and Virginia Attorney General Mark Herring co-authored comments to a proposed Department of Homeland Security (DHS) rule change that violates federal law and will result in unfair discrimination against underserved immigrant families. The so called "public charge" rule change will allow Immigration and Customs Enforcement (ICE) to determine whether immigrant families who seek lawful status in the United States may need any form of government assistance, and if so, allow ICE to deny their application.
"President Trump has made it clear that he believes the American Dream should only be reserved for a select few, and this latest attempt to prevent families from coming to the Unites States to be safe and prosper is yet another in a reoccurring string of harmful, un-American actions taken by this administration," said Attorney General Balderas. "I will continue to fight to make sure all families, no matter their origin, have the same opportunity to seek safety and prosperity, which is the founding principle of our country."
The proposed rule seeks to drastically revise and expand the definition of “public charge” from “[a] person who is very likely to become ‘primarily dependent ’ on government services” to a person who receives minimal public assistance for a relatively short time. The Attorneys General's comments outline that the rule is not only illegal, but will be harmful to the States and allow discrimination against immigrant families.
In addition to New Mexico and Virginia, the comments were joined by the Attorneys General of California, the District of Columbia, Connecticut, Delaware, Hawaii, Massachusetts, Illinois, Minnesota, Iowa, New Jersey, Maryland, New York, Vermont, Oregon, Washington, Pennsylvania, and Rhode Island.