Monday, 14 October, 2019

NY Federal Judge Enjoins DHS’s Public Charge Rule

Judge George Daniels' Friday ruling came just days before the so-called Enlarge Image President Donald Trump Getty Images
Samantha Long | 12 October, 2019, 07:39

The new "public charge" rule was scheduled to take effect next week, on October 15.

A 2018 study by the Migration Policy Institute found 69 percent of immigrants who had received legal permanent residence within the past five years had at least one negative factor against them under the administration's test, while just 39 percent had one of the heavily weighted positive factors: an income at or above 250 percent of the federal poverty level.

"Overnight, the rule will expose individuals to economic insecurity, health instability, denial of their path to citizenship and potential deportation", Daniels wrote. "It is shocking to the American dream of the replacement for prosperity and success thru labor and upwards mobility".

A U.S. District Court in El Paso, Texas ruled that Trump violated the law when he declared a national emergency in order to build a border wall separating the U.S. from Mexico.

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.

Acting Director of United States Citizenship and Immigration Services Ken Cuccinelli, speaks during a briefing at the White House, Monday, Aug. 12, 2019, in Washington.

The controversial rule would make it more hard for immigrants to get green cards if it looks as though they might need public assistance. The administration also argues that safety-net programs are needed to aid US citizens and there is not enough money to provide additional benefits.

In response to possible USA sanctions, Turkey says it will retaliate
Lawmakers are moving forward with bipartisan sanctions legislation, which could have enough votes to override a presidential veto. And on Friday, the group reported that five ISIS members had escaped from a prison after Turkish mortar rounds landed nearby.

Cuccinelli, who is named in the lawsuit, said the inscription should read instead: "Give me your exhausted and your poor who can stand on their own two feet and who will not become a public charge".

"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.

"This rule 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", NY state Attorney General Letitia James wrote in a post on Twitter.

"An objective judiciary will see that this rule lies squarely within long-held existing law", Cuccinelli wrote on Twitter. "People should be able to access vital and life-saving benefits without having to worry if they could remain with their families".

The Department of Homeland Security (DHS) rule, if ultimately allowed to take effect, could be the most drastic of the Trump administration's hardline anti-immigration policies, experts have said.

"The rule that this administration was proposing was a drastic deviation from the original intent of Congress", James said in a phone interview. The migrant would be left the immigrant in whatever status he or she had before. "It's a core principle - the American Dream itself - and it's one of the things that distinguishes us, and it's central to the legal history in the USA back into the 1800s".

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