Issue: Whether NACDD should sign on to an amicus brief arguing that people with disabilities will be disproportionately harmed by the public charge rule and therefore the rule should be invalid as a violation of the Administrative Procedure Act and Section 504 of the Rehabilitation Act.  

Rule: The public charge rule prohibits people from entering the United States (getting a visa) or becoming a permanent resident (getting a green card) if the DHS determines they are unlikely to be "self-sufficient" and may rely on public benefits.  Many changes in the new rule will have a hugely negative impact on people with disabilities, in effect combining to keep people with disabilities out of this country.  These include adding Medicaid – including Home and Community Based Services – to the benefits considered, weighing heavily against a person having a health condition that is “likely to require extensive treatment, institutionalization or interfere with the ability to care for self, attend school or work,” having the absence of a medical condition weigh as a “positive factor,” and weighing as a heavy negative the inability for private insurance to fully cover a medical condition.  NACDD commented on the proposed rule individually and through CCD.

Analysis: In the last week, numerous lawsuits have been filed challenging the public charge rule as illegal.  The goal is to stop, or at least delay, the rule before its effective date on October 15th. Alison Barkoff (CPR) and Jennifer Mathis (Bazelon) have been in touch with litigation teams and the team coordinating amicus briefs.  So far two lawsuits -- the one filed by the California Attorney General (together with ME, OR, PA and DC) and by the New York Attorney General (together with VT and CT) -- directly include Section 504 claims (through the Administrative Procedure Act), and one more (the filed by the Washington Attorney General, together with 11 other states) references Section 504.  Those legal teams are interested in an amicus brief from the disability community supporting their litigation. The brief will heavily rely on the comments submitted by our community, including those by CCD, ACLU and CPR.