Published: Sat, October 12, 2019
Health Care | By Cedric Leonard

Judge blocks green card denials for poorer immigrants

Judge blocks green card denials for poorer immigrants

Under the proposed rule, many green card and visa applicants could be turned down if they have low incomes or limited education because they'd be deemed more likely to need government assistance in the future, including most forms of Medicaid, food stamps, and housing vouchers. The test already included use of cash benefits, Supplemental Security Income, and Temporary Assistance to Needy Families. Advocates say the rule changes are discriminatory because they would deny legal residency and visas to immigrants who don't have money.

"Once again, the courts have thwarted the Trump administration's attempts to enact rules that violate both our laws and our values, sending a loud and clear message that they can not rewrite our story to meet their agenda", James said in a statement.

The order was a combined response to a suit from Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network, as well as another suit by New York state, New York City, Connecticut, and Vermont. When a draft of the rule was published late previous year for a 60-day period of public review, it received more than 260,000 comments, a lot of them from individuals, organizations and jurisdictions opposed to the regulation.

And, writing Friday, Daniels emphasized that the government was "afforded numerous opportunities" to articulate a rationale for why it defined "public charge" the way it did.

But Judge Daniels' ruling said that the government had failed to provide a reasonable explanation for changing the definition of public charge.

But a slew of state and organizations sued, saying the definition of public charge discriminated against the poor and others. That includes a multi-state challenge led by California. Hundreds of thousands more could have been affected if they avoided public benefits because they feared it would disqualify them from obtaining legal status, according to immigration advocates.

Putin Says Turkey's Syria Operation May Allow Militants to Escape
The SDF have been key allies of the United States in the battle against the Islamic State (IS) group. Defense Secretary Mark Esper told reporters at the Pentagon.


Caseworkers would also take into account the petitioner's age, educational skills, English language proficiency and health to determine whether they are likely to rely on the government for support.

"An objective judiciary will see that this rule lies squarely within long-held existing law", Cuccinelli wrote on Twitter.

"This rule would have had devastating impacts on New Yorkers and our nation, and today's decision is a critical step in our efforts to uphold the rule of law", NY state Attorney General Letitia James wrote in a post on Twitter.

Ken Cuccinelli, the acting director of U.S. Citizenship and Immigration Services, summarized the administration's position on NPR's Morning Edition by paraphrasing the Emma Lazarus poem on the base of the Statue of Liberty.

U.S. District Judge George Daniels' ruling Friday prevents the policy from taking effect October 15.

Last week, President Trump signed a proclamation barring the entry of legal immigrants who cannot prove they will have health care coverage or the means to pay for it within 30 days of their arrival in the U.S. Under that proclamation, starting November 3, only immigrants who can show they can pay for "reasonably foreseeable medical costs" or are already covered by approved health insurance would be allowed to enter the U.S.

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