Supreme Court Allows Trump Administration to Enforce ‘Public Charge’ Immigration Rule

5-4 The Supreme Court authorizes the entry into force of a rule capable of reshaping legal immigration

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The new rule expands the "public payload" bar for anyone deemed to receive a wider range of public benefits for more than a 12-month aggregate over any 36-month period, including health care, housing and social assistance. food. U.S. District Judge George Daniels previously struck down the rule, mirroring critics who've called it a "wealth test" for immigrants by saying the rule is "repugnant to the American dream". Lower federal courts had blocked the policy from being implemented while the issue is being litigated.

At issue is which immigrants will be granted legal permanent residency, known as a "green card".

The Trump Justice Department has gone repeatedly to the Supreme Court to lift court-ordered injunctions, bypassing the traditional appellate process.

The government has long had authority to block immigrants who were likely to become public charges, but the term has never been formally defined.

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"The so-called "public charge" rule is nothing more than a repackaging of demonstrably false and harmful stereotypes about migrants", said Charanya Krishnaswami, the organization's Americas advocacy director.

The administration has said the new rule is necessary to better ensure that immigrants will be self-sufficient.

President Trump has made immigration reform a key part of his agenda to slow down legal immigration and stop illegal immigration to the United States. Now, in addition to that, the criteria for determining whether or not an applicant will become a public charge will be based on non-cash benefits, as well, such as housing assistance and food stamps.

Experts have pointed out that not only will the rule disqualify poor immigrants in the United States from becoming citizens, it also would scare away immigrants eligible for public benefits from claiming them for themselves or their USA -born children.

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Roughly 544,000 people apply for green cards annually, according to The Associated Press, and according to the government, 382,000 are in categories that would make them subject to the new review. The conservative justices signaled support in November for Trump's bid to kill a program that protects hundreds of thousands of immigrants - dubbed "Dreamers" - who entered the United States illegally as children.

The court in 2018 upheld Trump's "travel ban" targeting people from several Muslim-majority countries.

In a five-page concurring opinion, Justice Neil Gorsuch slammed trial courts for the practice of issuing nationwide injunctions that are outside of their jurisdiction. They urged the Supreme Court to intervene at a "convenient time" to consider a case concerning the "escalation" of national injunctions.

"As the brief and furious history of the regulation before us illustrates, the routine issuance of universal injunctions is patently unworkable, sowing chaos for litigants, the government, courts, and all those affected by these conflicting decisions", Gorsuch wrote.

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The Trump administration urged the Supreme Court to lift the nationwide injunction imposed by the NY trial judge, given that two appeals courts have come to the opposite conclusion.

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