Home >> Customs, Border and Immigration News >> Judge Blocks Trump Admin Rule Requiring Immigrants to be Self-Sufficient to Get Green Cards

Judge Blocks Trump Admin Rule Requiring Immigrants to be Self-Sufficient to Get Green Cards


A federal judge on Friday blocked a new Trump administration rule that requires that immigrants be able to support themselves in order to be eligible for a green card.

New York federal Judge George Daniels on Friday issued a preliminary injunction against the Trump administration’s “public charge” rule, which takes into account a foreign national’s use of government benefits when they apply to live in the U.S. on a more permanent standing.

Daniels — who was appointed to the U.S. District Court for the Southern District of New York by President Bill Clinton — ruled that the White House likely overstepped its authority when it moved to expand the public charge guidelines.

“In short, defendants do not articulate why they are changing the public charge definition, why this new definition is needed now, or why the definition set forth in the rule — which has absolutely no support in the history of U.S. immigration law — is reasonable,” Daniels wrote in a 24-page order.

The Trump administration announced in August that it would be rolling out the new public charge rules. Under the guidelines of the plan, any individual immigrant who applies to live in the U.S. on a more permanent standing — which usually means applying fo a green card — the applicant’s history of public benefits uses would be taken into account. Usage of food stamps, Section 8 and other housing benefits, Medicaid, cash assistance and other programs would be taken into account when determine whether to grant an immigrant a green card.

United States Citizenship and Immigration Services (USCIS) officers reviewing cases would look at an applicants’ use of public benefits over a 12-month period within any given 36-month period during their time in the country.

However, a cadre of Democratic-led states, advocacy groups, and other progressive organizations made numerous court challenges across the country against the rule. In fact, Daniels wasn’t the only judge on Friday to rule against the public charge rule. A federal judge in California also issued an injunction against it, albeit that decision was more limited than Daniel’s nationwide ruling.

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The Trump administration blasted the decisions, casting them as partisan.

“An objective judiciary will see that this rule lies squarely within long-held existing law. Long-standing 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,” acting USCIS director Ken Cuccinelli said in a statement on Friday.

“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,” he continued.

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One comment

  1. Thanks Jason, more good & needed information piece. I read & heard this on news several times and each time I was struck by the use of “Likely” overstepped….And wondered ‘where’ it was written that any particular ‘notice’ of change was required, as well as “Who” mandated that a full explanation of reason Has to be given.

    How pitiful that we have our veterans , elderly, & children living on the streets because its reasoned that “insufficient” funds are available, yet the money is there to take care of criminal trespassers.

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