Federal Judges Block New Public Charge Rule

Mario A. Godoy
Federal Judges Block New Public Charge Rule

3 federal judges issued injunctions to block the new public charge rule nationwide on Friday, October 11, 2019. U.S. District Judge George B. Daniels in the Southern District of New York and U.S. District Judge Rosanna Malouf Peterson in the Eastern District of Washington state issued preliminary injunctions that block the policy nationwide, ruling it was likely unlawful. California U.S. District Judge Phyllis Hamilton said the policy likely crossed legal boundaries and issued an injunction that applied in only in the handful of states involved in the litigation. 

Judges Weigh In

Judge Daniels wrote in a 24-page opinion the rule

“is repugnant to the American dream of the opportunity for prosperity and success through hard work and upward mobility….Overnight, the Rule will expose individuals to economic insecurity, health instability, denial of their path to citizenship, and potential deportation.

It is a rule that will punish individuals for their receipt of benefits provided by our government, and discourages them from lawfully receiving available assistance intended to aid them in becoming contributing members of our society.” 

Denials of Permanent Residency

The new ruling can deny legal permanent residency to immigrants who are likely to use public assistance. The new public charge rule was scheduled to go into effect on Tuesday, October 15. DHS announced the new rule on August 14, giving U.S. Immigration officers the ability to deny or approve applicants of green cards, visa extensions, or other changes in immigration status broadened authority to include factors based on the future use of “public benefits” such as food stamps, Medicaid, and housing assistance.

The director of U.S. Citizenship and Immigration Services, USCIS, Ken Cuccinelli issued a statement that immigration law has long required prospective immigrants to be self-sufficient:

“The public-charge regulation defines this longstanding law to ensure those seeking to come or stay in the United States can support themselves financially and will not rely on public benefits An objective judiciary will see that this rule lies squarely within long-held existing law.” 

Immigrants outside the U.S. may still be subject to the new public charge rule on Tuesday as the injunction applies to the United States only. 

Mario Godoy and the other experienced immigration attorneys at the Godoy Law Office can assess your situation and application status. With experience in many different types of immigration cases and understanding of the impact of new immigration regulations, it can be beneficial for you to contact an immigration lawyer today. Please call us at 855-554-6369. 

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