George B. Daniels, a Bill Clinton appointed federal judge, has blocked a Trump rule enabling the Federal government to take into account whether migrants are getting welfare in their criteria for whether they can live in the U.S. permanently.
In other words, the merit based rule gives priority to migrants who do not need government assistance and are self sufficient.
A federal judge blocked a Trump administration rule just days before it was due to go into effect and make it harder for low-income migrants to obtain green cards, dealing a serious blow to the president’s immigration agenda.
New York federal Judge George Daniels on Friday issued a preliminary injunction against the Trump administration’s “public charge” rule, which takes into account a foreign national’s use of government benefits when they apply to live in the U.S. on a more permanent standing.
Daniels — who was appointed to the U.S. District Court for the Southern District of New York by President Bill Clinton — ruled that the White House likely overstepped its authority when it moved to expand the public charge guidelines.
“In short, defendants do not articulate why they are changing the public charge definition, why this new definition is needed now, or why the definition set forth in the rule — which has absolutely no support in the history of U.S. immigration law — is reasonable,” Daniels wrote in a 24-page order.
The Trump administration announced in August that it would roll out the new public charge rules. Under the guidelines of the plan, any individual immigrant who applies to live in the U.S. on a more permanent standing — which usually means applying for a green card — the applicant’s history of public benefits uses would be taken into account. Usage of food stamps, Section 8 and other housing benefits, Medicaid, cash assistance and other programs would be taken into account when determine whether to grant an immigrant a green card.
United States Citizenship and Immigration Services (USCIS) officers reviewing cases would look at an applicants’ use of public benefits over a 12-month period within any given 36-month period during their time in the country.
This article was written by the staff of TheConservativeOpinion.com