Judge George Daniels of the Southern District of New York issued the temporary injunction on October 11, 2019 and called the proposed Trump public charge rule, “unlawful, arbitrary and capricious.” Similar rulings were issued later in the day by judges in California and Washington state.
Under the proposed Trump public charge rule, an immigrant might not be permitted entry to the U.S. or granted a green card if the individual “is likely at any time to become a public charge,” meaning they might rely on the government as their primary means of support.
According to the U.S. Citizenship and Immigration Services website, “age, health, family status, assets, resources, financial status, education and skills” will be considered when determining whether someone is likely to be considered a public charge.
The public charge test isn’t new – it has been codified in immigration law for more than 100 years. In the past, the public charge test applied only to immigrants who used cash assistance from the government, or those who needed long-term institutional care.
But the new definition of what is considered a “public charge” would have expanded to include the Supplemental Nutrition Assistance Program (SNAP) benefits, Section 8 housing, public housing, Medicaid and Medicare Part D for the first time.
Trump public charge rule will be on hold until the courts decide whether it can go into effect or not.
In a statement, American Immigration Lawyers Association executive director Benjamin Johnson welcomed the court decisions, before the rule “started hitting families, businesses, and communities across the nation,” Johnson wrote. “To quote Judge Hamilton, ‘DHS’s new definition of ‘public charge’ is likely to be outside the bounds of a reasonable interpretation of the statute.'”
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