The policy, known as the “public charge” rule, was halted nationwide from going into effect due to the government’s faulty reasoning as to why the new provision was needed.
“The Rule is simply a new agency policy of exclusion in search of a justification,” Judge George Daniels of the Southern District of New York wrote in his ruling. “It is repugnant to the American dream of the opportunity for prosperity and success through hard work and upwards mobility.”
The decision was applauded by New York elected officials and organizations, including by the Catholic Charities of New York, in addition to immigration advocates. The ruling marked another immigration defeat for the Trump administration.
“This is excellent news!” Rep. Jerrold Nadler (D-NY), chairman of the House Judiciary Committee, wrote in a tweet. “The Trump Admin’s attempt to circumvent Congress and unlawfully redefine our ‘public charge’ laws in order to deny green cards to lawful, hardworking immigrants has been halted by the court in a win for human rights, basic decency and the rule of law.”
New York Attorney General Letitia James, who was one of several attorneys general to sue in order to stop the policy from going into effect next week, said the new measure would have “had devastating impacts on New Yorkers and our nation, and today’s decision is a critical step in our efforts to uphold the rule of law.”
First unveiled in August, the controversial proposal would have given the Trump administration wider discretion in determining which legal immigrants should be awarded green cards and visas. If it had been implemented, it would have made it less likely that applicants who are low-income or less educated, or who might need public assistance be awarded such temporary legal status, because the government would consider them a potential burden for U.S. taxpayers.
The Trump administration contended it sought to clear up a term that was used in U.S. immigration law since 1882.
However, the judge disagreed, concluding that the proposed alterations would impose an unlawful burden on legal immigrants seeking visas and green cards.
“Overnight, the Rule will expose individuals to economic insecurity, health instability, denial of their path to citizenship, and potential deportation,” Daniels wrote. “It is a rule that will punish individuals for their receipt of benefits provided by our government, and discourages them from lawfully receiving available assistance intended to aid them in becoming contributing members of our society.”
