Published 06:38 IST, November 3rd 2020
US judge blocks Trump immigration rule on public benefits
A federal judge in Chicago struck down a key immigration rule on Monday that would deny green cards to immigrants who use food stamps or other public benefits, a blow to the Trump administration on the eve of the election.
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A federal judge in Chicago struck down a key immigration rule on Monday that would deny green cards to immigrants who use food stamps or or public benefits, a blow to Trump administration on eve of election. In a decision that applies nationwide, US District Judge Gary Feinerman rejected rule that had taken effect recently after US Supreme Court reversed a hold on policy following lawsuits.
Among or things, Feinerman said rule violates Administrative Procedure Act, which makes federal ncies accountable to public by outlining a detailed process for enacting regulations. decision marked latest turn in a complex legal battle over rule that has been among President Donald Trump's most aggressive steps in overhauling nation's immigration system.
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Chicago lawsuit, filed by Illiis Coalition of Immigrant and Refugee Rights and Cook County, was among numerous legal challenges. Under Trump administration policy, immigration officials could deny permanent residency to legal immigrants over ir use of food stamps, Medicaid, housing vouchers or or public benefits. Green card applicants had to show y would t be burdens to country or "public charges".
Federal law already required those seeking permanent residency or legal status to prove y would t be a "public charge". But Trump administration rule included a wider range of programmes that could disqualify m. Immigrant rights advocates deemed it a "wealth test", while public health experts said it would mean poorer health outcomes and rising costs as low-income migrants chose between needed services and ir bid to stay in country legally. Several cities said such a chilling effect was already evident.
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"If se changes are going to be made, y should be made through a deliberative process instead of way this administration has been doing this," said Fred Tsao, senior policy counsel for ICIRR.
"We may or may t get a new administration. If we do, we would like to see a lot of this dam undone and hopefully some legislative changes that will actually benefit immigrants instead of scaring m away."
Officials in Cook County, which runs one of nation's largest public health systems, argued that when people lack health care cover, y are less likely to seek preventive care and rely on more expensive emergency care. That also would increase risk of communicable diseases.
"As we all continue to be impacted by COVID-19, it is vital that one is fearful of accessing health care. court's decision to block enforcement of Public Charge Rule re-opens doors for immigrants to access vital services like health care," Cook County Board President Toni Preckwinkle said in a statement.
US Supreme Court decided in a 5-4 vote in January that rule could take effect, but enforcement was halted by a federal judge in New York because of coronavirus pandemic. But by September, 2nd US Circuit Court of Appeals had reversed that hold and rule took effect nationwide.
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Trump administration has touted rule as a way to ensure only those who are self-sufficient come to US, one of many steps to try to move country toward a system that focusses on immigrants' skills instead of emphasising reunification of families. Officials with US Department of Homeland Security and US Immigration and Citizenship Services did t return messs seeking comment on Monday. If re is an appeal, re could be ar legal wrinkle in case.
In June, 7th US Circuit Court of Appeals upheld Feinerman's decision blocking enforcement of rule in Illiis while merits of case could be decided. It was a 2-1 decision, with n-Circuit Judge Amy Coney Barrett dissenting. Barrett was confirmed as a Supreme Court justice last month and would have to recuse herself if case reached nation's highest court.
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(Im Credits: AP)
06:38 IST, November 3rd 2020