Supreme Court Allows DHS To Deny Green Cards To People On Government Aid


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The Trump administration can begin enforcing an updated rule which allows the Department of Homeland Security to deny immigrants who are likely to be a "public charge" a green card. In a 5-4 ruling, the Supreme Court lifted a nationwide injunction imposed by a federal judge in New York, which prevented DHS from enforcing the new definition of a "public charge."

In August, DHS announced that anybody who received certain government benefits for 12 months during a three year period could be denied a green card. The changes sparked a lawsuit by New York, Connecticut, Vermont, New York City, and various immigrant aid groups. While a judge in New York issued an injunction against the change, two lower courts ruled in favor of the Trump administration.

After both the Fourth and Ninth Circuit Courts Of Appeal declined to block the new rule, the Trump administration petitioned the Supreme Court to remove the injunction while the lawsuit continues to make its way through the legal system.

In a five-page concurring opinion, Justice Neil Gorsuch slammed trial courts for the practice of issuing nationwide injunctions that are outside of their jurisdiction.

"The real problem here is the increasingly common practice of trial courts ordering relief that transcends the cases before them," Gorsuch wrote. "Whether framed as injunctions of 'nationwide,' 'universal,' or 'cosmic' scope, these orders share the same basic flaw — they direct how the defendant must act toward persons who are not parties to the case."

Acting Homeland Security Deputy Secretary Ken Cuccinelli praised the ruling saying the Trump administration is "happy to see the Supreme Court step in the way they did here."

Photo: Getty Images

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