A New York federal appeals court this week blocked a federal rule that leading industry advocates warned could hurt immigrant seniors and limit their use of long-term care services.
The U.S. Court of Appeals for the Second Circuit handed down the ruling Wednesday, denying the Trump Administration’s request to lift a temporary national injunction on the “Public Charge” rule, the Associated Press reported. A New York district court issued the injunction in October.
LeadingAge was among the providers that submitted comments in opposition of the rule after it was first published in August. The National Council of Aging President and CEO James Firman also denounced the rule, which was set to go into effect in October.
“Immigrant seniors who have played by the rules will have to make an impossible choice between going hungry and avoiding needed long-term care support or losing their immigration status,” he said. “This regulation will create a personal and moral hazard for older adults who are looking to age with their families around them.”
More than a dozen states, along with the District of Columbia, also challenged the federal government’s rule. They said it targeted poor, legal immigrants trying to become permanent citizens.
The rule would have allowed the government to base green card decisions on whether that immigrant could later be seen as a financial burden on taxpayers — meaning poor immigrants could be denied if they use government benefit programs, such as Medicaid and food stamps.
