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FOURTH CIRCUIT COURT LIFTS INJUNCTION ON TRUMP ADMINISTRATION’S IMMIGRANT ‘PUBLIC CHARGE’ RULE
Clarion.causeaction.com ^ | 12/10/19 | Manors Kan

Posted on 12/10/2019 4:57:33 PM PST by cotton1706

A second appeals court has lifted an injunction blocking the Trump administration from implementing its immigration rule relating to “public charges,” mirroring an order in the Ninth Circuit Court several days before.

“Public charge” refers to an individual who is likely to become primarily dependent on the government for subsistence, by receiving assistance such as food stamps or Medicaid.

The cases stem from a new rule the Department of Homeland Security (DHS) adopted in August that expanded the definition of “public charges” in the Immigration and Nationality Act (INA). The rule provides clarification about what factors would be considered when determining whether someone is likely at any time in the future to become a public charge.

The rule was challenged in several states leading to injunctions that prevented the rule from going into effect on Oct. 15.

A three-judge panel of the Fourth Circuit Court of Appeals ruled 2-1 to grant a stay on a preliminary injunction on a lower court decision to halt the Trump administration rule. Despite this ruling, the DHS’ rule will still not be able to go in effect because of a separate nationwide injunction ordered by a district court in New York on the same issue.

In the short order (pdf), Judge Harvie Wilkinson and Judge Paul Niemeyer, both Reagan appointees, voted to grant the motion while Judge Pamela Harris, an Obama appointee, voted to deny.

(Excerpt) Read more at clarion.causeaction.com ...


TOPICS: Constitution/Conservatism; Politics/Elections
KEYWORDS: 4thcircuit; clownbammyjudge; elections; fourthcircuit; harviewilkinson; judiciary; obamajudge; pamelaharris; paulniemeyer; politicaljudiciary; reaganjudge
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Courts moving in Trump's direction!
1 posted on 12/10/2019 4:57:33 PM PST by cotton1706
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To: cotton1706

New rule?! That’s how it always was. Winning!


2 posted on 12/10/2019 5:00:47 PM PST by outofsalt (If history teaches us anything, it's that history rarely teaches anything.)
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To: cotton1706

Inb4someotherstupidjudgeblocksitagai!


3 posted on 12/10/2019 5:01:44 PM PST by chris37 (Where's Hunter?)
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To: cotton1706

These injunctions are nothing less than treasonous acts.


4 posted on 12/10/2019 5:04:05 PM PST by HighSierra5
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To: cotton1706

Bad enough we have people who are citizens going from state to state to collect welfare, don’t need foreigners coming in to get on the US dole.


5 posted on 12/10/2019 5:04:08 PM PST by LouieFisk
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To: cotton1706

So much winning!


6 posted on 12/10/2019 5:06:49 PM PST by Mr. K (No consequence of repealing obamacare is worse than obamacare itself.)
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To: cotton1706

Unless it has changed in the last couple of, Canada will only let someone emigrate if they have a good income and/or a marketable skill.


7 posted on 12/10/2019 5:07:31 PM PST by Flaming Conservative ((Pray without ceasing))
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To: chris37

Taken from Senator Grassley’s opposition to then Nominee Harris. The Senate and President Obama rammed through judges especially onto the Wash DC Circuit Court.

Professor Harris is on the record that extra-legal considerations should influence how a judge rules. But she’s also expressed her belief that the personal characteristics of the judge should matter, too. I think it’s fair to say that she is acutely concerned with the personal characteristics of the judge.

In 2010, she even told the Los Angeles Times that the President should consider a judicial nominee’s religious beliefs when filling Supreme Court vacancies. She said: “It’s hard for me to see religion as especially different than all other things that presidents take into account.”

I don’t even know where to start with that, and perhaps the less said about it the better. But I’d be interested to know which religions the nominee thinks are suitable or unsuitable for representation on the federal bench.

I’ll leave you with another example of just how out of the mainstream this nominee is. Professor Harris is an outspoken advocate for abortion rights. Over the years, she has made a number of controversial statements about abortion and the Supreme Court’s abortion precedents.

Shockingly, on one occasion last year, she described partial-birth abortion as a merely “late-ish” kind of abortion. The nominee also suggested that States “gin up medical controversies” intentionally and in bad faith in order to justify restrictions on late-term abortion. She denigrated restrictions on partial-birth abortion because, in her view, “you could find one guy to say ‘I don’t know it’s safe’ to create medical uncertainty that will allow state regulation.”


8 posted on 12/10/2019 5:12:25 PM PST by RealtorRick (Just Spoke to Bob)
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To: Flaming Conservative

Canada will only let someone emigrate if they have a good income and/or a marketable skill.<<

Like Cab drivers?


9 posted on 12/10/2019 5:16:51 PM PST by M-cubed
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To: cotton1706

We need to follow the democrat model and begin impeachment proceedings against Federal Judges for “Abuse of power”.


10 posted on 12/10/2019 5:17:57 PM PST by P-Marlowe (Freep mail me if you want to be on my Fingerstyle Acoustic Guitar Ping List)
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To: outofsalt

Don’t celebrate yet ,

“Despite this ruling, the DHS’ rule will still not be able to go into effect because of a separate nationwide injunction ordered by a district court in New York on the same issue. “


11 posted on 12/10/2019 5:18:52 PM PST by A strike ( Ecclesiastes 10:2)
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To: LouieFisk

The country which transformed itself from a mediocre South-East Asian country as a British colony, to become the country boasting more millionaires based on population size, than any country on earth, and has near ZERO unemployment rate, has ZERO welfare for able bodied people! No food stamps, no unemployment checks, no free phones, no nothing!


12 posted on 12/10/2019 5:23:38 PM PST by entropy12 (You are either for free enterprise or for government price fixing. Can't be for both as convenient.)
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To: cotton1706

For the radical 4th to change to a more sane position is a major win for American justice. Some of the leftist judges on this Circuit were judicially insane.


13 posted on 12/10/2019 5:27:16 PM PST by MadMax, the Grinning Reaper (Figures)
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To: HighSierra5
It is way, Way, WAY past time to b'slap, hammer down these tyranny district courts.
14 posted on 12/10/2019 5:27:55 PM PST by A strike ( Ecclesiastes 10:2)
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To: MadMax, the Grinning Reaper
Some of the leftist judges on this Circuit were judicially insane.

Are. The Obama Judges on this Court (and one of the G.W. Bush Judges) are hardcore leftists. The 4th is probably more radical than the 9th at this point, and one of the most radically leftist courts in the nation. President Trump was able to close the gap a little with his three appointees.

15 posted on 12/10/2019 5:37:05 PM PST by TexasGurl24
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To: Flaming Conservative

Someone added “helping Trudeau virtue-signal on the world-stage” to the list of marketable skills — but, you’re right, our (Canada’s) system was largely merit-based, compared to what I’ve heard about the U.S. rules.


16 posted on 12/10/2019 5:37:37 PM PST by USFRIENDINVICTORIA
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To: Flaming Conservative

The Canada immigration website states that refugees can immigrate and request asylum even after entering the country (presumably illegally).

So Canada is set up to become as bad as the US for failing to protect the country.


17 posted on 12/10/2019 5:46:36 PM PST by exDemMom (Current visual of the hole the US continues to dig itself into: http://www.usdebtclock.org)
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To: entropy12

Not sure why you posted to answer my comment,

But if you’re talking about India there (?), most of the country is the 3rd world dump full of poverty it has always been. Very poor populace.


18 posted on 12/10/2019 6:32:36 PM PST by LouieFisk
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To: LouieFisk

I don’t know why that was posted to you either, but why would you guess India instead of Singapore?


19 posted on 12/10/2019 6:53:19 PM PST by posterchild
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To: cotton1706

Reagan appointees!


20 posted on 12/10/2019 6:56:56 PM PST by lodi90
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