{"id":1801,"date":"2026-09-11T20:33:47","date_gmt":"2026-09-11T20:33:47","guid":{"rendered":"https:\/\/latinosentinel.com\/?p=1801"},"modified":"2026-09-11T20:36:55","modified_gmt":"2026-09-11T20:36:55","slug":"trumps-new-public-charge-rule-will-face-legal-challenges","status":"publish","type":"post","link":"https:\/\/latinosentinel.com\/en\/california\/trumps-new-public-charge-rule-will-face-legal-challenges\/","title":{"rendered":"Trump\u2019s new \u201cpublic charge\u201d rule will face legal challenges"},"content":{"rendered":"

Some lawsuits have already referenced the equal protection principle, pointing out the anticipated disproportionate effect on non-white immigrants from Africa and Latin America.<\/em><\/strong><\/p>\n\n\n\n

Starting September 18, 2026, U.S. Citizenship and Immigration Services (USCIS) will implement new public charge test guidelines issued in August. \u201cPublic charge\u201d is a ground of inadmissibility, meaning immigration officials may deny a green card, visa, or entry to the United States if they determine a person is likely to rely on government benefits in the future.<\/p>\n\n\n\n

\u201cThe public charge rule does not apply to green card applicants obtaining status through asylum, refugee status, U visas, T visas, VAWA, or Special Immigrant Juvenile Status (SIJS),\u201d said Ariel Brown, an attorney at the Immigrant Legal Resource Center.<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

Immigrant Legal Resource Center lawyer Ariel Brown speaks during an ACoM briefing about Trump’s “public charge.”<\/em><\/strong><\/p>\n\n\n\n

It also does not affect those applying for other immigration benefits, such as naturalization, DACA, Temporary Protected Status (TPS), or work permits.<\/p>\n\n\n\n

Brown noted that legal challenges to the public charge rule seem to be moving more slowly this time than during the first Trump administration. However, she acknowledges that organizations, states, and other groups will fight to block the rule, even though it is scheduled to take effect on September 18.<\/p>\n\n\n\n

During the first Trump administration, a wave of lawsuits was filed across the country challenging the initial public charge rule; legal arguments raised then\u2014which would apply again now\u2014include the claim that the changes are arbitrary and capricious, as they depart from long-standing laws and practices without providing an adequate explanation for the change or considering its consequences.<\/p>\n\n\n\n

Furthermore, arguments were made that the government failed to assess the measure’s costs and harms adequately and that the procedure used to implement these changes violated the Administrative Procedure Act.<\/p>\n\n\n\n

\u201cSome lawsuits also invoked the equal protection principle, citing the anticipated disproportionate impact on non-white immigrants from Africa and Latin America, as well as the claim that the rule was motivated by improper discriminatory intent,\u201d the attorney emphasized during an American Community Media (ACoM) briefing.<\/p>\n\n\n\n

A factor that exacerbated the situation during the first Trump administration was its overlap with the COVID-19 pandemic, making a rule that deterred people from seeking vital medical care seem even more objectionable.<\/p>\n\n\n\n

\u201cThis context likely influenced the speed of certain court rulings regarding the initial Trump rule,\u201d the attorney added.<\/p>\n\n\n\n

Another legal shift that could shape the nature of legal challenges this time around is that, since 2019, more courts have expressed dissatisfaction or concern about nationwide injunctions.<\/p>\n\n\n\n

For example, the U.S. Supreme Court ruled in *Trump v. Casa* that federal district judges have limited authority to issue nationwide injunctions.<\/p>\n\n\n\n

This could create a patchwork of court orders blocking the rule\u2019s enforcement in some states or regions, but not others.<\/p>\n\n\n\n

\u201cIt remains to be seen if this pattern repeats with the new legal challenges,\u201d she noted. However, she warned that the public charge test is much stricter and harder to overcome this time, making it especially important to know who it affects and who it excludes.<\/p>\n\n\n\n

\u201cThis makes it extremely difficult to advise individuals and provide clear information on whether they might be denied permanent residency (a green card) on public charge grounds, given that the criteria are so open-ended and vague,\u201d said the attorney from the ILRC.<\/p>\n\n\n\n

The Black Diaspora<\/strong><\/p>\n\n\n\n

Cheryl Branch, Executive Director of Los Angeles Metropolitan Churches (LAM Los Angeles), agreed that the public charge would also affect religious and community organizations and the people they serve.<\/p>\n\n\n\n

\u201cFrom our perspective, it\u2019s about people; it\u2019s a punishment for trying to survive. The public charge rule and the threats involved represent not just an immigration story, but a community story,\u201d she stated.<\/p>\n\n\n\n

Cheryl Branch noted that while her organization is not involved in politics\u2014focusing instead on local responsibilities\u2014she thinks of the mothers who come to her asking if they can use a space at the Watts public housing complex, the largest of its kind west of the Mississippi.<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

Cheryl Branch, Executive Director of Los Angeles Metropolitan Churches (LAM Los Angeles)<\/em><\/strong><\/p>\n\n\n\n

\u201cThose mothers have asked us if they could use a classroom to meet with immigration officials, specialized attorneys, and experts who can advise them on what to do,\u201d she reported.<\/p>\n\n\n\n

Approximately two million people reside in South and Southeast Los Angeles; many live on the brink of poverty and rely on social services to survive.<\/p>\n\n\n\n

Los Angeles Metropolitan Churches supports not only African Americans, Africans, and members of the Black diaspora, but also immigrant families from South America, Mexico, and other communities\u2014without requiring proof of immigration status, income, or documentation.<\/p>\n\n\n\n

\u201cWhen federal rules instill fear about using the existing safety net, which is where we step in,\u201d said the executive director of LAM Los Angeles. \u201cMore than two million California residents live in South and Southeast Los Angeles. This is our community; this is where we live. This is where our work begins, as we create safety nets that operate within these regulations. We fund this dollar-for-dollar, thanks to neighbors, small business owners, and gig economy workers.\u201d<\/p>\n\n\n\n

Cheryl Branch said they use channels and pathways already familiar to the community, activating and leveraging them. They use spaces under their control to address needs that might otherwise go unmet, from transportation to a dialysis appointment, a prescription co-pay, or a blood pressure monitor.<\/p>\n\n\n\n

Efforts focus on mixed-status households to address medical needs in areas at risk of cuts.<\/p>\n\n\n\n

\u201cNutrition is the first line of defense: if we can keep people healthy before they even need these benefits, we are winning the battle,\u201d she emphasized. \u201cDiet-related illnesses are among the biggest problems we face and are why so many people rely on programs subject to the \u2018public charge\u2019 rule.\u201d<\/p>\n\n\n\n

Although Los Angeles Metropolitan Churches does not serve a large immigrant group, about 22% of the people they interact with come from Nigeria, Belize, Ethiopia, Jamaica, Haiti, South America, and Kenya.<\/p>\n\n\n\n

<\/p>","protected":false},"excerpt":{"rendered":"

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