Trump Administration Starts Enforcing ‘Public Charge’ Immigration Rule

Andrew Cummings
February 25, 2020

The "public charge" rule change which took effect Monday to block poor or disabled immigrants from seeking better lives in the United States is quintessentially Trumpian - and quintessentially un-American. However, a third injunction, which was limited only to IL, remained in effect, barring the implementation of the new rule in that state. It is really hard to say what is more troubling: that the Government would seek out this remarkable aid seemingly as a make a difference of study course, or that the Court would grant it.

The high court's decision to halt the IL injunction and allow the state to consider noncash financial aid thus enabled federal authorities to enforce the new policy in IL.

The government must show it will suffer irreparable harm to obtain an emergency stay.

It sort of feels the brand new rule was once already blocked with a national injunction in a separate case, so the Excellent Courtroom's granting of a keep within the Cook dinner County case best we could the federal government implement the guideline within the state of IL whilst litigation continues. The Authorities now takes advantage of that stay-of a nationwide injunction-to insist that it is entitled to a person listed here. The outcome facing capital convicts, on the other hand, is death, she argued. She also not so subtly implied that the conservative justices were complicit in the Trump administration's strategy of gaming the appeals process to avoid complying with rulings against it: "I fear that this disparity in treatment erodes the fair and balanced decisionmaking process that this Court must strive to protect".

"The government's professed harm, therefore, boils down to an inability to enforce its immigration goals, possibly in only the immediate term, in one of 50 states", Sotomoyor wrote.

According to the Washington Free Beacon, the Trump administration has requested emergency stays from the Supreme Court an unprecedented 24 times, 11 of which have been granted. But Trump, who has often used the courts in personal and business disputes, has used this remedy as president more than the Bush and Obama administrations combined.

The case dealt with the Trump administration's expansion of situations where the government can deny visas to non-citizens looking to enter the U.S.

The cause of the increase in stay applications is much debated. She said lower-court judges are repeatedly issuing nationwide injunctions at a quantity never before seen - that is, ruling that their decision affects the entire country rather than the jurisdiction wherein it was brought.

"When a nationwide injunction constrains a significant executive policy, the Justice Department has little choice but to seek emergency relief", Barr said.

A few conservatives were quick to remind the left of one issue: they were focused on the Supreme Court for so long that they completely neglected the lower courts. "... the alternative is for the government to wait months or years for appeals to run their course before the executive may implement its policy at all".

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