Loading...

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

September 29, 2021
by Dan McCue
New Rule Proposed to Strengthen DACA Protections

WASHINGTON -- The Biden administration proposed a new rule on Monday that its says will “preserve and fortify” the Deferred... Read More

WASHINGTON -- The Biden administration proposed a new rule on Monday that its says will “preserve and fortify” the Deferred Action for Childhood Arrivals program and protect undocumented people in the program from legal challenges. The Deferred Action for Childhood Arrivals program, more commonly known as... Read More

US Special Envoy to Haiti Resigns Over Migrant Expulsions

The Biden administration's special envoy to Haiti has resigned, protesting "inhumane" large-scale expulsions of Haitian migrants to their homeland wracked... Read More

The Biden administration's special envoy to Haiti has resigned, protesting "inhumane" large-scale expulsions of Haitian migrants to their homeland wracked by civil strife and natural disaster, U.S. officials said Thursday. Daniel Foote was appointed to the position only in July, following the assassination of Haiti's president.... Read More

Officials: Many Migrants From Border Camp Staying in US

DEL RIO, Texas (AP) — Many Haitian migrants camped in a small Texas border town are being released in the... Read More

DEL RIO, Texas (AP) — Many Haitian migrants camped in a small Texas border town are being released in the United States, two U.S. officials said, undercutting the Biden administration's public statements that the thousands in the camp faced immediate expulsion. Haitians have been freed on... Read More

Parliamentarian Deals blow to Dems' Immigration Push

WASHINGTON (AP) — Democrats can't use their $3.5 trillion package bolstering social and climate programs for their plan to give... Read More

WASHINGTON (AP) — Democrats can't use their $3.5 trillion package bolstering social and climate programs for their plan to give millions of immigrants a chance to become citizens, the Senate's parliamentarian said, a crushing blow to what was the party's clearest pathway in years to attaining... Read More

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

News From The Well
Exit mobile version