July 5, 2020

Trump asks Supreme Court to let immigrant ‘public charge’ rule take effect | TheHill


The Trump administration on Monday asked the Supreme Court to allow it to move forward with a rule aimed at cutting back benefits for immigrants while litigation plays out in court.

The Justice Department, on behalf of the administration, asked the justices to lift a nationwide halt on President TrumpDonald John TrumpCoalition forms to back Trump rollback of major environmental law Canadian CEO blasts Trump over downed plane in Iran: ‘I am livid’ Business groups worry they won’t see a Phase 2 Trump-China trade deal MORE’s “public charge” rule that links immigrants’ legal status to their use of public benefits.

The move came after a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit last week kept in place a U.S.-wide injunction entered by a federal district judge in New York.

Two similar injunctions were lifted last month by federal appeals courts in Virginia and California. But the injunction from the New York-based federal court continues to apply across the country.

Under the Trump policy, an immigrant would be considered a public charge, or dependent, for receiving at least one public benefit like Medicaid or food stamps for more than 12 months within any three-year period.

At issue in the case is whether the Trump administration has the proper authority to expand the definition of who is considered a public charge.

The rule represents a more stringent approach to a long-standing immigration law than those taken by recent administrations, and is likely to make it harder for some immigrants to obtain a green card to reside permanently in the U.S.

The policy was quickly challenged in court, leading to several nationwide injunctions before it could take effect.

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John Kruzel
The Hill

Filed Under: Essentials