Judge Blocks Green Card Denials for Low-Income Immigrants

Gov. Gavin Newsom speaks during a news conference with Attorney General Xavier Becerra at the California State Capitol on Aug. 16 2019 in Sacramento

Judges have indicated a willingness to issue rulings before the scheduled start date.

Under the proposed rule, many green card and visa applicants could be turned down if they have low incomes or limited education because they'd be deemed more likely to need government assistance in the future, including most forms of Medicaid, food stamps, and housing vouchers.

Allowing the policy to go into effect now, he said, would have a significant impact on "law-abiding residents who have come to this country to seek a better life".

There have been at least nine lawsuits brought against the rule, which was announced in August.

U.S. District Judge George Daniels took issue with that definition in his order Friday.

"The Rule is simply a new agency policy of exclusion in search of a justification", he wrote in his ruling.

The new Rule violated the Rehabilitation Act because it denies access to benefits to individuals with disabilities.

"The public charge regulation defines this law to ensure those seeking to come or stay in the US can successfully support themselves financially and will not rely on public benefits as they seek opportunity here".

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"An objective judiciary will see that this rule lies squarely within long-held existing law", Cuccinelli wrote on Twitter.

"Longstanding federal law requires aliens to rely on their own capabilities and the resources of their families, sponsors, and private organizations in their communities to succeed", he said in a statement. The ruling marked another immigration defeat for the Trump administration.

Among low-income immigrant families, the figure was more than one in five, according to the study, which was based on a December 2018 survey of almost 2,000 non-elderly adults who are foreign born or live with at least one foreign-born family member. Under that new rule, asylum seekers must claim asylum in one of the first countries they enter. The measure, which is scheduled to take effect November 3, could prohibit the entry of about 375,000 people a year, mainly family members who account for a majority of people getting green cards from overseas, according to the Migration Policy Institute, a nonpartisan think tank.

The recent rule would bear made it likely to trace any immigrant with the doable to find yourself on public support as a burden, and back in mind that in deciding to convey inexperienced playing cards or visas. Guidelines in use since 1999 refer to a "public charge" as someone primarily dependent on cash assistance, income maintenance or government support.

And, writing Friday, Daniels emphasized that the government was "afforded numerous opportunities" to articulate a rationale for why it defined "public charge" the way it did. If someone uses two benefits, that is counted as two months. The Trump administration's move would have expanded public charge grounds to include use of Supplemental Nutrition Assistance Program (SNAP), Medicaid, and Section 8 rental housing assistance. The original sonnet reads, "Give me your exhausted, your poor, / Your huddled masses yearning to breathe free".

The district court's ruling came one week after President Donald Trump issued a proclamation saying his administration will suspend entry of immigrants who lack healthcare or can not prove they are able to pay for medical expenses.

"It was arbitrary, it was capricious, it was mean-spirited, and it was upended", the attorney general said.

A federal judge in Oakland, Calif., is expected to rule soon on other legal challenges to the wealth test.

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