US Supreme Court allows Trump's 'public charge' immigration curb

US Supreme Court allows Trump's 'public charge' immigration curb

The court acted on a vote of 5-4.

They noted that the law allows designating someone as inadmissible if "in the opinion of" the secretary of Homeland Security, that person would be "likely at any time to become a public charge", which the courts said give the government broad authority. Lower federal courts had blocked the policy from being implemented while the issue is being litigated. In the past, that was largely based on an assessment that an immigrant would be dependent upon cash benefits.

Last summer, he made national headlines when Ken Cuccinelli, then acting director of the US Citizenship and Immigration Services, to defend the rule, revised the iconic poem on the pedestal of the Statue of Liberty saying, "Give me your exhausted and your poor who can stand on their two feet and who will not become a public office". A pair of appellate judges later lifted injunctions by two of the federal judges, but a third temporary injunction that was upheld in early January by the 2nd U.S. Circuit Court continued to remain in effect across the country.

The administration has said the new rule is needed to better ensure that immigrants will be self-sufficient.

DHS did not immediately respond to a request for comment regarding the implementation timeline.

US President Donald Trump has made a crackdown on immigration central to his presidency and re-election campaign.

The so-called public fee rule, released in August, affects people who depend on public assistance, including most forms of Medicaid, food stamps and housing vouchers.

The vast majority of people seeking permanent residency are not eligible for public benefits themselves. An analysis from the nonpartisan Kaiser Family Foundation found applications for about 42 percent of legal immigrants could see their green card applications "weighed negatively" as a result, while 94 percent could face extra scrutiny after using at least one of the public programs targeted by the Trump policy. The rule expands the number of benefits that can be considered from interim guidance issued in 1999.

Claudia Center, a lawyer with the American Civil Liberties Union, said the rule targets disabled people applying for green cards and "enshrines the false stereotype that people with disabilities do not contribute to our society". "The virtues of perseverance, hard work, and self-sufficiency have laid the foundation of our nation and defined generations of immigrants looking for opportunities in the United States". A ruling is due by the end of June.

Conservative Justice Neil Gorsuch, a Trump appointee who voted to lift the injunction, issued an opinion criticizing lower courts' "increasingly common" use of nationwide injunctions to halt government policies.

He said it creates "gamesmanship and chaos" in the courts, with both sides playing a game of chess as they try to advance or defense positions in multiple courts.

U.S. District Judge George B. Daniels in NY issued an order to block implementation of the new rules proposed in October, which establish new criteria for classifying someone as a public charge, which would make the individual ineligible for a green card or path to citizenship.

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