facebook linkedin twitter

Divided Supreme Court Allows White House to Enforce Green Card Rule

January 27, 2020 by Dan McCue
Protesters rally on the steps of the Supreme Court to Defend DACA. (Photo by Dan McCue)

WASHINGTON – The Supreme Court split along ideological lines Monday in a decision allowing the White House to proceed with a rule making it harder for immigrants who rely on public assistance to gain legal status.

The unsigned order lifts a nationwide injunction imposed by the 2nd U.S. Circuit Court of Appeals in New York, which had put the so-called “public charge” rule on hold while legal challenges worked their way through the courts.

Both the 9th Circuit in San Francisco, Calif., and the 4th Circuit in Richmond, Va., had previously overturned lower court rulings against the policy.

An injunction in Illinois will remain in effect despite the Supreme Court ruling Monday, but it applies only to that state.

In imposing the 2nd Circuit injunction blocking implementation of the rule, U.S. District Judge George Daniels called the policy “repugnant to the American Dream” and a “policy of exclusion in search of a justification.”

Solicitor General Noel Francisco noted in his brief to the Supreme Court that the 9th Circuit “held that the rule ‘easily’ qualified as a permissible interpretation of the Immigration and Nationality Act.”

As a result of the 5-4 ruling, the administration can now deny green cards to immigrants over their use of public benefits including Medicaid, food stamps and housing vouchers, as well as other factors.

The new policy, which the court’s four liberal justices — Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor — all said they would block, significantly expands the factors used to determine whether an immigrant applying for permanent residency would be an undue burden to the country.

Roughly 544,000 people apply for green cards annually. According to the government, 382,000 are in categories that would make them subject to the new review.

In a concurring opinion, Justice Neil Gorsuch urged his colleagues to confront the “real problem” of so-called nationwide injunctions, orders issued by a single judge that apply everywhere.

In this case, even though the administration won rulings in two different appellate courts covering 14 states, its policy could not take effect.

“What in this gamesmanship and chaos can we be proud of?” Gorsuch wrote.

Justice Clarence Thomas joined Gorsuch’s concurring opinion.

Immigration

States Learning How Many Afghan Evacuees Coming Their Way

WASHINGTON (AP) — The Biden administration began notifying governors and state refugee coordinators across the country about how many Afghan... Read More

WASHINGTON (AP) — The Biden administration began notifying governors and state refugee coordinators across the country about how many Afghan evacuees from among the first group of nearly 37,000 arrivals are slated to be resettled in their states. California is projected to take more arrivals than... Read More

September 15, 2021
by Kate Michael
American Immigration System Not Prepared for Afghan Refugee Situation

WASHINGTON — After a frantic two weeks of the biggest military evacuations in history, the United States is trying to... Read More

WASHINGTON — After a frantic two weeks of the biggest military evacuations in history, the United States is trying to figure out what to do with tens of thousands of Afghan refugees that will soon be flooding into the country.  “This is not the time for... Read More

August 25, 2021
by Reece Nations
Texas Gov. Abbott Again Deploys National Guard to Aid Border Arrests

AUSTIN, Texas —  Texas National Guardsmen will once again be assisting Department of Public Safety troopers in arresting individuals caught... Read More

AUSTIN, Texas —  Texas National Guardsmen will once again be assisting Department of Public Safety troopers in arresting individuals caught crossing the border into the U.S. Texas Gov. Greg Abbott made the announcement Tuesday saying in addition to assisting with the arrests, the National Guard will... Read More

August 25, 2021
by Dan McCue
Supreme Court Orders 'Remain in Mexico' Policy Reinstated

WASHINGTON -- The Supreme Court on Tuesday evening refused to block a court ruling ordering the Biden administration to reinstate... Read More

WASHINGTON -- The Supreme Court on Tuesday evening refused to block a court ruling ordering the Biden administration to reinstate a Trump-era policy that forces people to wait in Mexico while seeking asylum in the U.S. With the court’s three liberal justices in dissent, the unsigned... Read More

August 4, 2021
by Reece Nations
Federal Judge Temporarily Blocks Abbott Order on Transportation Stops

U.S. District Judge Kathleen Cardone issued a temporary restraining order on Tuesday impeding Texas Gov. Greg Abbott’s executive order directing... Read More

U.S. District Judge Kathleen Cardone issued a temporary restraining order on Tuesday impeding Texas Gov. Greg Abbott’s executive order directing state troopers to detain drivers suspected of transporting migrants due to COVID-19 concerns. Abbott issued the order last week, allowing Texas Department of Safety troopers to... Read More

July 29, 2021
by Dan McCue
White House Releases Strategy to Slow Migration at Southern Border

WASHINGTON -- Vice President Kamala Harris said Thursday that efforts to address root causes of migration from three Central American... Read More

WASHINGTON -- Vice President Kamala Harris said Thursday that efforts to address root causes of migration from three Central American countries won't produce immediate results as she unveiled a broad strategy that expands on principles the Biden administration previously outlined. The plan, which the administration calls... Read More

News From The Well
scroll top