Skip to comments.Trump administration reimposes 'public charge' rule following court victory
Posted on 09/23/2020 6:57:37 AM PDT by SJackson
The Trump administration will begin to retroactively apply its controversial "public charge" rule to immigrants, following a court decision that lifted a nationwide injunction on the policy.
A notice posted on the U.S. Citizenship and Immigration Services (USCIS) website said the rule will apply to all future and pending green card applications and petitions postmarked or submitted electronically as of Feb. 24, 2020.
The move to reimpose the rule comes after the 2nd Circuit Court of Appeals on Sept. 11 overturned a nationwide injunction on the policy that had been imposed earlier in the summer because of the coronavirus pandemic.
Applications filed after the nationwide injunction took effect that have already been approved will not be re-adjudicated, USCIS said.
Under the rule, any immigrant who receives at least one designated public benefit including Medicaid, food stamps, welfare or public housing vouchers for more than 12 months within any three-year period will be considered a public charge and will be more likely to be denied a green card.
The rule would make it easier for immigration officials to deny entry or legal status to people likely to rely on government assistance.
The policy was blocked in July by a federal judge in New York because of the "irreparable harm" it would cause to virus control efforts.
Judge George Daniels of the U.S. District Court for the Southern District of New York said the rule would make it more difficult for immigrants to seek COVID-19 testing and care.
In January, the Supreme Court voted 5-4 to lift a nationwide injunction on the proposal while the case played out in federal appeals court.
Then in April, the Supreme Court denied a request from New York and other states to block the rule during the pandemic, allowing it to take effect.
In January, the Supreme Court voted 5-4 to lift a nationwide injunction on the proposal while the case played out in federal appeals court. Then in April, the Supreme Court denied a request from New York and other states to block the rule during the pandemic, allowing it to take effect.
This is why it is intellectually lazy to call Roberts a "liberal".
No American liberal in 2020 will allow this or vote for this policy. This would go against the very fiber of every liberal's DNA. No liberal would rule this way, especially during a pandemic.
Roberts is at best an institutionalist, at worst an unreliable conservative. He is NOT a liberal.
I’d prefer zero use of benefits,
Someone with in our borders will have to think twice before applying for any public assistance.
Just another step to make illegals uncomfortable living here.
Same here, but baby steps, I guess.
This only applies to people applying for green cards.
Illegal aliens don’t.
Yes-Considering the number of people who are and have been abusing the generosity of US taxpayers, it’s time to choke off the limitless gifts.
American workers cannot afford this kind of thing... even IF recipients demonstrated gratitude or any intent of getting off the dole-which is not evident at all!
“...ncluding Medicaid, food stamps, welfare or public housing vouchers.”
But not, apparently ACA subsidies, tax-subsidized middle-income affordable housing, or minority business contracting preferences.
Not to people with some common sense.
I would like to see an amendment to this ruling for American citizens on welfare. Pass a law that if a person received welfare benefits as a child, they cannot receive welfare benefits as an adult.
This will break the cycle of economic slavery put in place by the Democrats to keep them on the ‘plantation’ and voting for them.
Everything in it’s time...”All or nothing” is a fanatic’s wet dream and usually ends up on the “nothing” side of the sheet.
Funny, that sounds like a plus to me.
this will put the left’s knickers in MORE of a twist.
This is a good thing! If all any immigrant, legal or illegal, has to offer our society is their DNA, send ‘em back. We have plenty of ignorant, disease-ridden, low IQ leeches already and they are (unfortunately) citizens. We do not need to add to that burden.
“This is why it is intellectually lazy to call Roberts a “liberal”.”
Ok. Inconsistant, squishy, and easily swayed. (And perhaps blackmailed.)
Maybe if another conservative comes on board he will be more inclined to go with the crowd.
A bit of history. The public charge provision has always been part of our immigration laws since this country's founding. The exclusion of aliens 'likely' to become a public charge was a no brainer to the founders.
It resulted in countless thousands of potential immigrants being turned back at places like Els Island and other ports of entry and sent packing.
Then about the time of Jimmy Carter they largely stopped enforcing the provisions. No hearing were held, no law was passed they just administratively decided that enforcing the law was not to their benefit.
Then came Trump, and that's the rest of the story.
“will begin to retroactively apply its controversial “public charge” rule to immigrants”
Controversial?? you have got to be kidding me..
What is controversial is that it has not being applied and enforced until now.
Trump for the win!
No Free Stuff for wetbacks? Oh Noes!
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