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The public charge rule is blocked on the eve of the election

2020-11-03T04:38:58.422Z


The court ruling nullifies the government rule throughout the country and benefits all immigrants who apply for permanent residence and who have received some type of public assistance in the past.


A federal judge in Chicago on Monday struck down a Trump administration immigration rule that denied green cards to immigrants who used food stamps or other public benefits.

In a decision that is effective immediately across the country

, District Judge Gary Feinerman rejected the rule that had recently gone into effect after the Supreme Court overturned an earlier suspension that prevented its implementation.

The ruling benefits all immigrants who apply for permanent residence through adjustment of status, family or work and who have received some type of public assistance in the past.

Feinerman ruled that the rule violates the Administrative Procedure Act, which requires federal agencies to establish in advance a clear and detailed process for how they will implement their regulations.

What does public charge mean for immigrants?

Aug. 13, 201901: 41

Enacted in 2019, this rule seeks to

deny permanent residency to applicants who the Government considers may become dependent on public benefits

, such as food stamps and housing assistance and Medicaid, among other benefits.

The decision marked the latest twist in a complex legal battle over one of the president's most aggressive moves, Donald Trump, to reform the immigration system.

The Chicago lawsuit, filed by the Illinois Coalition for Immigrant and Refugee Rights and Cook County, was one of many legal challenges.

There was

already a public charge rule in

federal law

for obtaining permanent residency

, but the Trump Administration expanded the list of programs that could disqualify immigrants.

[The United States ensures that the new public charge rule will not apply to migrants affected by the coronavirus]

Advocates for immigrant rights saw the rule as a way to exclude low-income people.

In addition, health experts consider that the measure puts the well-being of migrants and that of the general public at risk, since it put migrants with limited resources in the dilemma of choosing between obtaining medical help or staying in the country legally .

Officials in Cook County, which runs one of the largest public health systems in the country, argued that when people lack health coverage, they

are less likely to seek preventive care and depend on more expensive emergency care

.

That would also increase the risk of communicable diseases.

“As we are all still affected by COVID-19, it is vital that no one is afraid of accessing medical care.

The court's decision to block enforcement of the public charge rule reopens the doors for immigrants to access vital services like health care, "Cook County Board Chairman Toni Preckwinkle said in a statement. press.

[These are the 8 public grants that can cancel your visa or green card.

And there are important exceptions]

The Government could appeal the case to the Supreme Court

, in which case Judge Amy Coney Barrett would have to abstain from participating as she was part of the three-judge panel of the Seventh Circuit Court of Appeals that blocked the rule's implementation at the beginning of June, a two-on-one decision in which she dissented.

With information from The Associated Press.

Source: telemundo

All news articles on 2020-11-03

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