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Members of the New York Immigration Coalition vow to fight the 'public charge' rule in the courts. |
Immigrants may have to choose between food for their families or keeping their eligibility to become US citizens.
The US Supreme Court today temporarily lifted nationwide court orders blocking implementation of the Trump administration’s public charge regulation, allowing this widely opposed wealth test to take effect while several cases challenging the legality of the rule make their way through the courts.
“Nearly every sector of society has gone on record in opposition to this morally repugnant and legally dubious regulation, and for good reason: its implementation will hurt countless of immigrant and citizen families, and we’re all worse off as a result,” said Marielena Hincapié, executive director of the National Immigration Law Center.
The US Supreme Court today temporarily lifted nationwide court orders blocking implementation of the Trump administration’s public charge regulation, allowing this widely opposed wealth test to take effect while several cases challenging the legality of the rule make their way through the courts.
Monday’s 5-4 ruling with the conservatives in the majority, will force countless immigrants to forgo health care, food stamps, and housing assistance; it will drive families to illness, starvation, and homelessness; and it is impossible to square with federal law.
“DHS has always been confident that an objective judiciary would reverse the injunctions imposed on the agency so that we are able to enforce long-standing law passed by a bipartisan Congress,” said Ken Cuccinelli, the Senior Official Performing the Duties of the DHS Deputy Secretary.
“Self-sufficiency and self-reliance are key American values not to be litigiously dismissed, but to be encouraged and adopted by the next generation of immigrants. We plan to fully implement this rule in 49 states and are confident we will win the case on the merits,” he said in a statement.
The only state not affected is Illinois because their TRO is based on a separate legal action.
“DHS has always been confident that an objective judiciary would reverse the injunctions imposed on the agency so that we are able to enforce long-standing law passed by a bipartisan Congress,” said Ken Cuccinelli, the Senior Official Performing the Duties of the DHS Deputy Secretary.
“Self-sufficiency and self-reliance are key American values not to be litigiously dismissed, but to be encouraged and adopted by the next generation of immigrants. We plan to fully implement this rule in 49 states and are confident we will win the case on the merits,” he said in a statement.
The only state not affected is Illinois because their TRO is based on a separate legal action.
The regulation that will go into effect threatens the health, nutrition, and housing of families — overwhelmingly families of color — all over the country.
Three lower courts agreed that the Trump guidelines did not follow the law and ruled that the rules could not be implemented while the cases wind its way through the courts. The Trump administration leapfrogged the appeals courts and went directly to the Supreme Court dominated by GOP justices.
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The multiple lawsuits challenging the regulation will still have to be decided by their merits, and the regulation may be overturned by courts hearing those cases. However, considering the aggressiveness of the administration, if those courts rule against the restrictive guidelines, it is likely the DOJ would appeal those decisions right up to the Supreme Court.
The rule affects legal immigrants who may or may not be waiting to become US citizens. "This cruel and un-American plan penalizes those who are in the U.S. legally," said Rep. Grace Meng, D-NY. "It will have dire consequences for hundreds of thousands of legal immigrants, mostly children and families who require critical safety net programs for health care, food and other basic and daily necessities."
The implemented guidelines are much narrower than earlier attempts by the Trump administration to deny any sort of public benefits to immigrants. The assistance affected is specifically food stamps, housing assistance and Medicaid. It is not certain that the SCOTUS ruling will affect those who seek health care through the American Care Act, one of chief Obama-era targets of the Trump government.
Agencies working with immigrant communities fear that people will drop out of the assistance programs in order to maintain their eligibility for a green card that moves their status a step closer to citizenship.
“The true effect, and therefore, the true intent behind the Administration’s public charge rule is to create a climate of fear among immigrant families, and it’s working," said Sen. Mazie Hirono, D-HI. "I’ve heard from a number of hardworking, taxpaying immigrants in Hawaii, many not even subject to the rule, who are afraid to see their doctor or access essential services.”
UPDATED Jan. 28, 10 a.m. to include statement from DHS.
“The true effect, and therefore, the true intent behind the Administration’s public charge rule is to create a climate of fear among immigrant families, and it’s working," said Sen. Mazie Hirono, D-HI. "I’ve heard from a number of hardworking, taxpaying immigrants in Hawaii, many not even subject to the rule, who are afraid to see their doctor or access essential services.”
UPDATED Jan. 28, 10 a.m. to include statement from DHS.
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