Supreme Court Allows Immigrant Wealth Test Rule to Take Effect

Commentary & Community

Supreme Court Allows Immigrant Wealth Test Rule to Take Effect

A new rule affecting immigrants who are on public assistance or who may use public assistance in the future will go into effect under a Supreme Court ruling yesterday. In a 5-4 decision, the high court said that the Trump Administration can begin implementing this rule while legal challenges continue.

 

Last year, the Department of Homeland Security issued regulations that change the “public charge” definition used to judge immigrants’ applications for citizenship or Green Cards. This new rule tightened that definition, making it more difficult for immigrants who are on public benefits or who may use public benefits in the future to obtain permanent legal status in the U.S.

 

Issuing the rule, the Trump Administration noted that it was long-standing U.S. policy to admit only those immigrants who would not be a burden on taxpayers. They said that their new definition is a long-overdue update to the law. Opponents, however, said this was a backdoor way to limit immigration, especially from nations with large Latino populations. They argued that it was unfair to discriminate against immigrants who were not wealthy, since these individuals may have the most need to enter the U.S.

 

Critics of the rule went to court to fight it. Last year, a federal judge issued a nationwide injunction stopping the regulations from going into effect. This week, the Supreme Court lifted that injunction and allowed the implementation of the new standard.

 

Court fights over the rule continue. The Supreme Court’s decision did not touch on the ultimate legality of this change to immigration law.

 

Do you think that the federal government should take into consideration’s someone’s use of public benefits while determining if that person can remain in the U.S.?

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