Mon. Sep 20th, 2021

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Biden administration won’t defend Trump immigration rule

3 min read
Wage-boost rule

A Trump-era immigration rule denying green cards to immigrants who utilize public advantages like food stamps was dealt likely fatal blows Tuesday after the Biden government dropped legal challenges, including before the Supreme Court.

Continuing to defend the rule “is neither in the public interest nor an effective use of limited government resources,” the US Department of Homeland Security said in a statement.

The Supreme Court will not say anything regarding the legality of the so-called public charge rule. Because of an agreement by the Biden government and the parties and states challenging it.

Also, the Justice Department dropped issues with a decision before the 7th U.S. Circuit Court of Appeals, upholding a federal judge’s November order striking down the rule nationwide.

The moves were the most recent outgrowth of the Biden government’s effort to undo Trump administration immigration policies.

The new govt recently dismissed high court appeals over previous President Donald Trump’s effort. To deny funding to so-called sanctuary communities.

The judges, at the administration’s request, also put off cases they had agreed to hear over the funding of portions of the wall along the border with Mexico and the policy of forcing asylum seekers to wait in Mexico for their hearings Immigrant rights advocates celebrated Tuesday’s court action on the public charge rule after years of complex legal battles in multiple states.

Biden Govt won’t Defend Immigration Rule

While Trump’s government promoted the rule first proposed in 2018. As a way to ensure only the individuals who are independently gone to the US. Immigrant rights advocates said it amounted to a ” wealth test” and public health experts said it would lead to poorer health outcomes.

“After four years of battling the rule, from the first time when it was formally declared, it is officially dead,”. Said Aaron Reichlin-Melnick with the American Immigration Council.

The high court had in late February agreed to hear a Trump govt appeal. First filed a year ago of a lower court ruling against the public charge rule.

The policy permits the denial of permanent residency status to immigrants. Because of their use of food stamps, Medicaid, housing vouchers, or other public benefits. The justices had agreed to hear the case even as President Joe Biden called for a “top-to-bottom” review of the rule.

[H1B on the backburner as Biden focuses on 470,000 pending immigrant visa cases]

On Tuesday, however, the Biden govt withdrew the appeal, saying all parties involved agreed to dismiss the case.

“We excused this case and restored the preliminary injunction that guarantees that those living in New York. And different states don’t need to pick between their immigration status and securing the necessary support to survive,”. Said New York Attorney General Letitia James said in a statement.

“Quite simply, today, fewer kids will go hungry and more families will get the medical care they urgently need.” Under the Trump government policy, candidates for green cards needed to show they wouldn’t be burdens to the country or “public charges.”

Federal law previously required those seeking permanent residency or legal status to demonstrate they wouldn’t be a “public charge”. But the Trump govt rule included a wider range of programs that could disqualify them.

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