A federal judge blocked the Trump administration’s controversial “public charge” rule that linked immigrants’ legal status to their use of public benefits on Wednesday.
Judge George Daniels, of the United States District Court for the Southern District of New York, issued a nationwide injunction that prevented the administration from enforcing the requirements, citing the urgency of the coronavirus pandemic.
The Department of Homeland Security rule would make it easier for immigration officials to deny entry or legal status to people who are likely to depend on government assistance.
The matter is now likely to be directed to the Supreme Court, which had already acted on it.
In January, the Supreme Court voted 5-4 to lift a similar nationwide mandate on the proposal as the case played out in federal appeals court.
Then in April the Supreme Court denied a request from New York and other states to block the rule during the pandemic, allowing it to take effect.
In his opinion, Daniels wrote that since the April ruling, the pandemic has worsened and “irreparable damage and public interests justifying a court order have become more focused.”
“We no longer need to imagine the worst case scenario; we are experiencing its dramatic effects in real time,” wrote Daniels.
Under the rule, any immigrant who receives at least one designated public benefit, including Medicaid, food stamps, welfare, or public housing vouchers, for more than 12 months within a three-year period will be considered a “public charge” and it will be more You are likely to be denied a green card.
The plaintiffs argued that the rule makes it more difficult for immigrants to seek evidence and care for COVID-19.
Despite a notice from the US Citizenship and Immigration Services that medical treatment for COVID symptoms will not count for a public charge analysis, Daniels said the rule discourages immigrants from seeking medical help.
“Any policy that discourages residents from seeking tests and treatment for COVID-19 increases the risk of infection for such residents and the public. However, adverse government action targeting immigrants is particularly dangerous during a pandemic.” Daniels wrote.
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