FOR IMMEDIATE RELEASE: December 10, 2018
Contact: David Carl (505) 288-2465
Albuquerque, NM – 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.