NY sues to block ban on safety-net services for undocumented migrants

Several states including New York sued the Trump administration on Monday, seeking to block a policy change barring undocumented immigrants from accessing a range of federally funded safety-net services, including mental health treatment, housing assistance and emergency food.

The complaint, filed Monday in a U.S. district court in Rhode Island, argues that the Trump administration did not follow the proper rulemaking process before implementing the changes and failed to consider the negative impact these changes would have on states. The complaint was filed by New York, 19 other states and Washington, D.C.

The complaint argues that many programs subject to the new rules, which require states to check recipients’ immigration status before extending aid, are at risk of losing significant federal funding and even shutting down because the programs have not traditionally checked immigration status and are not set up to immediately comply with the new rules.

“Many programs cannot realistically conduct verification at the door, such as 24/7 crisis hotlines, emergency services for individuals suffering an overdose and homeless shelters,” the complaint states.

The dispute arises as the Trump administration ramps up deportations and seeks to increase pressure on immigrants without permanent legal status to leave the country. Many of the plaintiff states, including New York, extend a suite of basic safety net services to all in need, without regard to immigration status.

Affected services include Head Start programs for young children, nonprofit health clinics, housing assistance programs, mental health and substance use services, and emergency food programs.

“For decades, states like New York have built health, education, and family support systems that serve anyone in need,” New York Attorney General Letitia James said in a statement on the lawsuit. “These programs work because they are open, accessible, and grounded in compassion. Now, the federal government is pulling that foundation out from under us overnight, jeopardizing cancer screenings, early childhood education, primary care, and so much more.”

The states that filed the complaint are seeking to permanently bar the new rules from taking effect.

Immigrants without permanent legal status have long been prohibited from accessing certain federally funded benefits such as the Supplemental Nutrition Assistance Program. But other services have been exempt from similar restrictions since the Clinton administration.

Their exemption was based on a 1998 interpretation of a federal law known as the Personal Responsibility and Work Opportunity Reconciliation Act. The Trump administration rescinded the 1998 interpretation and issued its own, more restrictive interpretation earlier this month.

New, coordinated guidance on federal public benefits was issued by the U.S. Departments of Health and Human Services, Education, Labor and Justice.

Several New York City and state officials filed declarations in the lawsuit explaining how local programs and services would be affected.

Dr. James McDonald, the New York state health commissioner, filed a declaration on the more than 800 federally funded community health centers across the state that provide primary and specialty care to at-risk populations, regardless of their ability to pay.

He noted that many of their patients are undocumented and said the clinics could face financial difficulties if they are no longer reimbursed for the care they provide to undocumented immigrants. If the clinics start checking immigration status, that could deter even those immigrants who qualify for care from coming in, McDonald added.

McDonald argued that with less preventive care in low-income communities, more people will end up in the emergency room and it will exacerbate the spread of chronic diseases such as diabetes.

But the Trump administration has argued that the new interpretation of the rules simply closes loopholes in existing federal law.

“For too long, the government has diverted hardworking Americans’ tax dollars to incentivize illegal immigration,” HHS Secretary Robert F. Kennedy Jr. said in a statement on the policy change when it was announced on July 10. “Today’s action changes that — it restores integrity to federal social programs, enforces the rule of law, and protects vital resources for the American people.”

The Department of Health and Human Service said it does not comment on  pending or ongoing litigation.