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Trump administration's public charge rule for immigrants goes into effect while N.Y. lawmakers sue to stop it

A new rule allowing authorities to deny green cards to immigrants on the basis of being a public charge, meaning someone using programs like Medicaid or food assistance, goes into effect Friday. 

New York is among the states that have sued the Trump administration to challenge the rule.  

The rule gives immigration officers wider discretion when deciding who gets a green card or certain visas. They can consider whether someone has applied for or received certain income-based government benefits as part of a much broader review.

They can also consider age, health, family status, finances, education and skills.  

Using one of those benefits alone does not automatically make someone a public charge. Officers are supposed to look at the totality of someone's circumstances.  

The Trump administration said the change restores a longstanding principle of self-sufficiency, arguing immigrants should be able to support themselves, and government benefits should not incentivize immigration.

New York City leaders said the rule was having an impact before it went into effect. They estimate as many as 4 million people nationwide, including 1.8 million children, could drop their health coverage.

"What we are seeing at the moment is people are fearful at the moment to enroll in any benefits because it may put them at risk to be able to adjust immigration status for the future," said advocate Arlene Cruz Escobar. 

City officials also said premature deaths in immigrant communities could increase by as much as 10.6% over five years.

The state also filed a lawsuit to challenge the rule, while advocates are urging people not to drop their benefits before getting legal advice.

CBS News New York has reached out to the Department of Homeland Security about this lawsuit but has not heard back yet.

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