Washington took the lead in the multistate challenge to the proposed rule changes first announced a year ago by the Department of Homeland Security and the U.S. Citizenship and Immigration Services. Xavier Becerra, California's attorney general, said it stops a "heartless attempt to weaponize" well being care, housing and different important public companies.
"The new public charge rule was nothing more than an effort to penalize immigrants for their use of vital non-cash benefit programs such as food stamps, Medicaid and housing assistance, programs that are created to encourage upward mobility", said NY state Attorney General Letitia James.
US District Judge George Daniels of the US District Court in the Southern District of NY wrote in a 14-page opinion that immigrants who would potentially be affected by the White House's "public charge" rule could suffer "irreparable harm" if the regulation went into effect 15 October as scheduled.
Most visa holders and unauthorized immigrants are ineligible for public benefits, but immigrant advocates, medical professionals and state officials have argued the rule could deter them from seeking benefits even for children who are USA citizens.
The controversial rule would make it more hard for immigrants to get green cards if it looks as though they might need public assistance.
A brand new U.S. Division of Homeland Safety rule to display out immigrants deemed prone to turning into depending on authorities advantages was placed on maintain by judges on each coasts till there's a remaining determination on whether or not the so-called inexperienced card wealth take a look at is authorized.U.S. District Decide George Daniels in Manhattan referred to as the rule "repugnant to the American Dream of the chance for prosperity and success by way of laborious work and upward mobility".
Immigrant rights groups applauded a federal judge's ruling on Friday that struck down President Donald Trump's proposal to put even more barriers in front of immigrants by labeling them "burdens" to the USA government. Trump was elected with a clear mandate to curtail immigration, especially immigration disadvantageous to the USA taxpayer.
Components just like the immigrant's age, employment standing and English-language capability would even be checked out to find out whether or not they might doubtlessly change into public burdens at any level sooner or later.
The U.S. Justice Department, which was defending the administration's policy in court, didn't immediately respond to a request for comment on the ruling. "This rule would have had devastating impacts on all New Yorkers - citizens and noncitizens alike - and today's decision is a critical step in our efforts to uphold the rule of law".
Critics have said the rule will disproportionately affect low-income immigrants of color and punish them for being poor.
Administration officials and immigration hardliners have strongly defended the rule, arguing that it will foster "self-sufficiency" among immigrant communities. Under that new rule, asylum seekers must claim asylum in one of the first countries they enter. Remember, they said - I lost the ban, the travel ban.
Acting Director of United States Citizenship and Immigration Services Ken Cuccinelli, speaks during a briefing at the White House, Aug. 12, 2019, in Washington.
The State Department a year ago expanded "public charge" considerations used by consular officers to grant or reject visa applications.