Author Topic: In 5-4 ruling, Supreme Court allows Trump plan to deny green cards to those who might need gov't aid  (Read 747 times)

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In 5-4 ruling, Supreme Court allows Trump plan to deny green cards to those who might need gov't aid

DHS said last year that it would expand the definition of "public charge," to be applied to people whose immigration to the U.S. could be denied because of a concern that they would primarily depend on the government.

Jan. 27, 2020, 12:57 PM CST
By Pete Williams

WASHINGTON — The U.S. Supreme Court issued an order Monday allowing the Trump administration to begin enforcing new limits on immigrants who are considered likely to become overly dependent on government benefit programs.

The court acted on a vote of 5-4. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan said they would have left a lower court ruling in place that blocked enforcement while a legal challenge works its way through the courts.

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https://www.nbcnews.com/politics/supreme-court/5-4-ruling-supreme-court-allows-trump-plan-deny-green-n1124056?cid=sm_npd_nn_tw_nw
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Lawrence Hurley
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Chief Justice John Roberts, currently presiding over Trump's impeachment trial, was among the five justices who voted in favor of the Trump administration in allow the immigration restriction to go into effect
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Government gets green light to implement “public charge” rule pending appeals

SCOTUSblog by Amy Howe 1/27/2020

https://www.scotusblog.com/2020/01/government-gets-green-light-to-implement-public-charge-rule-pending-appeals/

Quote
Today a divided Supreme Court granted the Trump administration’s request for permission to enforce a rule known as the “public charge” rule, governing the admission of immigrants to the United States. The government had argued that it would suffer “effectively irreparable harm” if it could not implement the new rule while it appeals a pair of orders by a federal district court in New York. In a brief order, the court temporarily put the lower court’s rulings on hold until the government’s appeals to the U.S. Court of Appeals for the 2nd Circuit and, if necessary, the Supreme Court, are resolved.

The rule that the government will now be able to enforce interprets a provision of federal immigration law that bans noncitizens from receiving a green card if the government believes that they are likely to become a “public charge” – that is, reliant on government assistance. In August 2019, the Department of Homeland Security defined “public charge” to refer to noncitizens who receive a variety of government benefits, including cash, health care or housing, for more than 12 months over a three-year period. The rule also considers factors such as age, employment history and finances to determine whether a noncitizen might become a public charge in the future.

A group of states and immigration groups went to court to challenge the rule, arguing that DHS’s interpretation of the law is not a reasonable one. The district court agreed with the challengers that they were likely to prevail and temporarily blocked the government from enforcing the rule, setting up the government’s request for the Supreme Court to intervene.

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