November 5th, 2019
Federal Courts Block Attempted “Public Charge” Rule
Last Friday, October 11th, three courts blocked the Trump Administration’s rule that would have made it easier for the Department of Homeland Security to reject visa and Legal Permanent Resident (green card) applicants if the individual was “likely to become a public charge.” The rule was slated to go into effect on Tuesday, October 15th, and would have allowed the government to expand the old definition of “public charge” and potentially deny individuals on the grounds that he or she could become dependent on government assistance.
In his decision to issue a nationwide injunction, Judge George Daniels of the Southern District of New York said that the Trump administration failed to provide “any reasonable explanation” for why the definition needed to change, stating “[i]t is repugnant to the American Dream of the opportunity for prosperity and success through hard work and upward mobility.”
The decision prevents the U.S. government from “enforcing, applying, or treating as effective, or allowing persons under their control to enforce, apply, or treat as effective, the Rule” and prevents U.S. government officials from considering the rule in connection with any application.
Click here for more information about the proposed rule.