The Supreme Court has green-lit a rule pushed by the Trump administration to restrict immigration to the USA for those who are unlikely to support themselves without using government welfare programs. But the 2nd Circuit has refused to set aside a pair of injunctions issued by a New York District Court, prompting the Trump administration to file an emergency request (pdf) to the top court earlier this month to lift those blocks.
"It is very clear the U.S. Supreme Court is fed up with these national injunctions by judges who are trying to impose their policy preferences instead of enforcing the law", Cuccinelli told reporters. The rule would restrict immigrants who are considered or could later be considered a "public charge" from gaining legal status, and comes despite multiple prior courts striking down the rule. "This rule is another brick in the invisible wall this administration is building to curb legal immigration". Critics have said the rule will disproportionately ban low-income people from developing countries in Latin America, Africa and Asia from permanent residence.
"Public donation" has been defined in recent years as a person who is dependent on cash support programs.
USA immigration law has long required officials to exclude people likely to become a "public charge" from permanent residency. But US guidelines in the country for the past two decades had said that immigrants would likely become largely dependent exclusively on direct cash assistance or long-term institutionalization, in a nursing home for example, at government expense would be banned under " public upload ".
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The Department of Homeland Security announced in August that it would expand the definition of "public charge", to be applied to people whose immigration to the USA could be denied because of a concern that they would primarily depend on the government for their income.
The vast majority of people seeking permanent residency are not eligible for public benefits themselves.
They said lifting it now, while the legal battle is still being waged "would inject confusion and uncertainty" in to the immigration system and could deter millions of non-citizens from applying for public benefits.
The rules outline positive and negative factors to be considered by immigration officials in deciding green card applications.
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The 5-4 decision is a major victory for President Trump, giving him a tentative go-ahead on one of his key policies. "It makes it harder for working class people to immigrate to or stay in the United States". Justices Neil Gorsuch and Clarence Thomas said Monday that district court judges have been issuing nationwide injunctions much more often.
The order is the latest in which the high court has intervened in hard-line immigration cases that have been halted by lower courts and issued rulings allowing them to move forward.
"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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