U.S. Judge Blocks Trump Rule Limiting Visas, Green Cards For Poor Immigrants

A new U.S. Homeland Security rule to screen out immigrants who
are at risk of becoming dependent on government benefits was put on
hold by a federal judge until there’s a final decision whether the
so-called green card wealth test is legal.

U.S. District Judge George Daniels in Manhattan said Friday that
the rule, which was set to go into effect Oct. 15, can’t be
implemented nationwide.

The rule, announced in August, replaces a current policy that
says immigrants shouldn’t receive more than half their income from
cash benefits, such as Temporary Assistance for Needy Families or
Supplemental Security Income from Social Security.

Under the new more expansive definition, immigrants aren’t
supposed to use public benefits like Medicaid, public housing
assistance, or food stamps for more than 12 months over a 36-month
period. Immigration officials will consider an immigrant’s age,
health, education, and wealth to see if they are at risk of
becoming a “public charge.”

Immigrant rights’ advocacy groups and several states have argued
that the new rule conflicts with existing immigration laws and
would drive up the cost of providing health care and other services
to immigrants.

Daniels blocked the rule following a. August lawsuit filed by
the states of New York, Connecticut and Vermont and the city of New
York, which alleged that the policy specifically targets immigrants
of color. He ruled that the Department of Homeland Security went
beyond its authority under federal immigration law.

“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 histroy of U.S. Immigration law — is reasonable,”
Daniels said, calling the rule “repugnant to the American Dream of
the opportunity for prosperity and success through hard work and
upward mobility.”

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

The New York case is State of New York v. U.S. Department of
Homeland Security, 19-cv-07777, U.S. District Court, Southern
District of New York (Manhattan). The California case is City and
County of San Francisco v. Department of Homeland Security,
3:19-cv-4717, U.S. District Court, Northern District (Oakland).