Donald Trump and his administration's strategy to remove green card applicants who are likely to end up relying on public benefits received another legal boost when a federal appellate court ended an order that stopped the policy from going into effect during the coronavirus pandemic. This move restricts an order that has restricted the nationwide use of a controversy plagued wealth test for those holding immigrant visas, and green cards.
As a result, the Trump administration will appeal to continue the policy in every state, except Vermont, Connecticut, and New York. The court partly restricted last month's ruling in New York from a federal judge, who accused the "public charge" test of hindering the country's efforts to restrict the spread of the virus by stopping immigrants from seeking public assistance such as medical treatment during the pandemic.
The one-paragraph order by U.S. Circuit Judge Peter Hall didn't cite a reason, but it sidelined the lower court injunction in every state except Vermont, Connecticut, and New York. The aforesaid states had brought legal charges against the public charge rule, CBS News reported.
This can be touted as a temporary victory for the Trump administration, as well as the public charge policy, which is the most wide-ranging restriction on legal immigration recently. As part of this U.S. Department of Homeland Security regulation, immigration officers will have more power to deny green card applications from someone who seeks to rely on or are at risk of relying on government assistance such as food stamps, and housing vouchers, according to a report from Bloomberg.
The rule was originally slated to go into effect in Oct. last year, but orders from federal judges pushed that date back until Feb., followed by the Supreme Court's intervention, which saw the lower court injunctions being set aside. In April, the attorney generals of Vermont, Connecticut, and New York urged the Supreme Court to reconsider its decision, arguing that the public charge regulation was troubling immigrant communities that have already been hit hard by the coronavirus.
Although the high court denied the request, it allowed the states to seek relief in lower courts. Cashing in on this opportunity, the states filed declarations by advocates, doctors, and local officials who said immigrants in the United States feel that could risk losing the immigration status by seeking medical treatment or the government's help during the pandemic.