San Francisco City Attorney David Chiu and Santa Clara County Counsel James Williams announced that they voluntarily dismissed their federal lawsuit challenging a rule promulgated by the Trump administration that attempted to create additional barriers to immigration to the United States.
At issue was the "public charge" provision of the Immigration and Nationality Act that restricted lawful immigration to those who were not considered to be public charges. The provision was historically interpreted to apply to those receiving cash assistance or long-term institutionalization.
However, in 2019, a new rule promulgated by the Department of Homeland Security attempted to expand the public charge provision to bar those receiving a variety of non-cash governmental benefits, including those under the Medicaid, SNAP, and Section 8 programs.
The new rule was highly controversial because it made immigrants waiting for citizenship or green cards fearful that they would lose their opportunity, if they took any government assistance, even in a medical emergency.
San Francisco and Santa Clara County sued in U.S. District Court for the Northern District of California, arguing that the rule was unlawful. In October 2019, the District Court issued a preliminary injunction blocking the rule from taking effect.
Lawyers for the Trump Administration appealed to the U.S. Court of Appeals for the 9th Circuit, which in December 2020 affirmed the lower court decision.
After President Joe Biden was elected, the Biden Administration canceled the rule and adopted a new rule consistent with the historical understanding of the meaning of public charge.
