Supreme Court Allows Trump to Enforce ‘Public Charge’ Immigration Rule
As an immigration law firm, we at Ankeny Law work to help our clients fully understand the laws that apply to you so that you can get the best representation and make the best possible decisions for yourselves and your family. That is why we want to keep you updated on the various headlines and news stories that may impact members of the immigrant community.
You may have heard that recently the Supreme Court lifted the injunction that had prevented Trump’s administration from enforcing their ‘public charge’ immigration rule. This ruling has led to a lot of discussion about what this might mean for people who want to gain a green card.
Here is what we want our clients to understand.
What happened with this Supreme Court ruling?
Previously, the Trump administration had pushed to create restrictions on those who wanted to obtain permanent residency status in the United States but also relied on various forms of public assistance. This law had resulted in a considerable amount of pushback from a number of states, with multiple challenges filed in courts across the country.
The legislation has since been debated in courtrooms in multiple states, including in the Supreme Court. People have discussed the merits and legality of scrutinizing the permanent residency applications from those who either relied on public assistance or were likely to.
The Supreme Court recently ruled 5-4 that this law should be allowed to be enforced across the country. This ruling has struck down the last of the freezes that had stopped the law from being enforced. The law, therefore, is now in effect across the country.
What does this announcement mean?
The law that was put forth by Trump’s administration said that applicants for permanent residency status– or a green card– who relied on public assistance would have their applications examined more closely and would become more likely to have their application rejected. This public assistance might come in the form of Medicaid, food stamps, and other so-called safety nets.
In the past, various federal rules had determined the likelihood of a particular immigrant becoming a ‘public charge’ based on a more narrow view of public benefits, instead scrutinizing those who had needed cash assistance. This new law, therefore, would make enforcement significantly more strict.
It is important to note, however, that just because the Supreme Court has said that law can be enforced, that does not mean that all the details concerning how it will be put into action have been worked out. The lower courts still have multiple challenges and cases pending that address various issues with the law. It is also possible that parts of the law will return to the Supreme Court in the future for further reviews.
