Supreme Court Allows President Trump to Enforce “Public Charge” Rule For Immigration

Today the Supreme Court granted the Trump administration’s request to continue enforcement of the “public charge” rule on immigration. The SCOTUS decision allows the government to enforce a provision of federal immigration law banning non-citizens from receiving a green card if the government believes the applicant is likely to become a “public charge” – or reliant on government assistance.

The ruling blocks a nation-wide injunction put into place by a single activist judge.

WASHINGTON – […] The Monday order followed a 5-4 split vote that divided the court’s conservatives and liberals.

At issue is the administration’s rule issued in August that would restrict immigrants entering the United States if the government believes they will rely on public assistance, such as housing or health care benefits. Lower federal courts had blocked the policy from being implemented while the issue is being litigated.

The court’s liberal justices, Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan, would have blocked the regulation’s enforcement.

After losing at the lower courts, the Justice Department asked the high court to intervene, allowing temporary enforcement until the issue is resolved on the merits. The states of Connecticut, Vermont, and New York, as well as New York City and immigrant rights groups had brought the suit.

The Trump Justice Department has gone repeatedly to the Supreme Court to lift court-ordered injunctions, bypassing the traditional appellate process.

Justice Neil Gorsuch — supported by Justice Clarence Thomas — wrote a separate concurrence, criticizing the increased reliance on nationwide injunctions to block government policies. (more)

Here’s the ruling:

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WHITE HOUSE – Today’s stay from the Supreme Court is a massive win for American taxpayers, American workers, and the American Constitution. This decision allows the Government to implement regulations effectuating longstanding Federal law that newcomers to this country must be financially self-sufficient and not a “public charge” on our country and its citizens.

Two courts of appeals had already ruled that the Government should be able to implement these regulations, but one single district judge’s nationwide injunction remained. As two Justices pointed out today, the expanding practice of district courts entering nationwide injunctions raises real problems about the proper power of a judge to decide only the case before him or her.