The Trump administration’s proposed public charge rule is effectively a wealth test for noncitizens seeking lawful permanent resident status. The rule would redefine the term “public charge,” from a category of people who are institutionalized or otherwise primarily dependent upon public assistance, to include anyone the immigration service deems likely to receive—at any point in the future, even temporarily—small amounts of a wide range of cash or non-cash benefits. These include food assistance, healthcare, and housing assistance.

Potential “public charges” would be denied permanent immigration status and could be subject to removal. The lawsuit notes that this kind of wealth test would most affect immigrants from countries in Latin America, the Caribbean, Africa, and Asia, and argues that it is motivated by animus towards non-white immigrants.