The rule makes it more difficult for immigrants to obtain legal status if they use public benefits like Medicaid, food stamps, and housing stamps. She immediately found rejection, and was later blocked by the courts after her release.
Judge George Daniels said Wednesday that the worsening of the coronavirus pandemic provided more urgency.
“What was once theoretical damage has proven to be true. We no longer need to imagine the worst case scenario; we are experiencing its dramatic effects in real time,” Daniels said.
“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.
Now the matter is likely to reach the Supreme Court, where it has already been a point of discussion.
Roberts deal left door open to challenges
According to sources, liberal judges believed the pandemic had transformed the situation and wanted the administration to clarify its rules to help places like New York be hit by the virus in the spring. Roberts was unmoved and believed the administration’s guidance was clear that immigrants could get Covid-19’s attention without consequences for their green card applications. Other conservative judges agreed.
But Roberts, in an effort to reduce tensions with the court liberals, accepted a modest compromise that sent a signal that the liberals sought in the court order and ensured that the challengers were not prevented from going ahead.
That order opened the door to New York’s renewed challenge and Daniels’ ruling Wednesday.
This story has been updated with additional information on demand.
CNN’s Joan Biskupic contributed to this report.
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