Immigrants can breathe a sigh of relief for now after the city won a case that delays the controversial “public charge” rule championed by the Trump Administration from taking effect.

The ruling holds off a policy that could prevent some immigrants, including those seeking to extend or change their temporary visas, from public entitlements or acquiring lawful permanent resident status if they use public benefits or are deemed likely to use them. It was brought to the public discourse after a draft of the legislation was leaked in 2017.

The city, along with New York State Attorney General Letitia James, filed litigation to prevent the implementation of the rule based on legal grounds in August, resulting in a preliminary court injunction by the Southern District of New York that has a nationwide effect.

“This was a critical step in much of the work that we’ve done, says Bitta Mostofi, commissioner of the Mayor’s Office of Immigrant Affairs at a forum hosted by the Center for Community & Ethnic Media on Oct. 16. “This has been, in particular, one of the many issues that have been deeply confusing and complicating in terms of how we can best understand what it is, what the impact is, and how to effectively communicate to our communities without needlessly elevating fear or concern, but ensuring that people are empowered to make good decisions for themselves and their families.”

The federal government has 60 days from Oct. 11, the date the injunction was filed, to appeal it. If the administration moved ahead, then the case would move on to the second judicial circuit. “Because there are slightly different decisions or because there are multiple circuits who’ve issued decisions, it could be something that would eventually go to the [US] Supreme Court for determination. Our intention is to continue to fight if they do appeal it. We feel confident on the law,” says Mostofi.

She also notes that the current immigration application is made to be intentionally narrow. The “public charge” rule would expand that, potentially excluding immigrants who benefit from housing assistance, Medicaid, the Supplemental Nutrition Assistance Program (SNAP), as well as “a broader look at varying factors like English proficiency, health, disabilities, and other factors to exclude individuals through these processes.”

“This is a policy that is really grounded in fear,” says Steven Banks, commissioner of the city’s Department of Social Services (DSS). “The ‘public charge’ change was aimed at dissuading people from seeking benefits they’re entitled to, let alone excluding people from receiving benefits.” He also notes an increase in the city’s legal services budget, now at $30 million, increased from $3 million when President Donald Trump went into office.

According to Banks, citing public records, 15 percent of non-US citizens took themselves off the SNAP program between 2017 and 2019, correlating with an increased fear among immigrants over the proposed public charge rule, increased raids by Immigration and Customs Enforcement (ICE) and anti-undocumented immigrant rhetoric by the current administration. Only one percent of citizens dropped off SNAP during the same time period.

Based on US Census data, DSS estimates the rule would impact 12 million residents.

“We started to hear patients saying ‘no, thank you’ for applying for insurance coverage. We started to hear patients saying ‘no, thank you’ to continue receiving health care,” says Chris Keeley, senior director for Legal Affairs and Labor Relations at NYC Health + Hospitals, the city’s public hospital system. Keely urges immigrants to consult with someone before dis-enrolling from health benefits if the policy takes effect and emphasizes that many types of health insurance coverage would still be available to them.

The public charge rule can be neither retroactively applied nor can it go into effect until a final determination is made.

Editor’s Note: Immigrants can call the Action NYC hotline for counseling and legal assistance at 1-800-354-0365.