Supreme Court upholds Trump rule on immigrant welfare

January 28, 2020

By CCT STAFF

The United States Supreme Court in a 5-4 decision on Monday upheld a Trump Administration rule making it more difficult for immigrants who use government aid programs like food stamps, Medicaid and housing assistance to obtain green cards. [New York Times]

Last August, the Trump Administration enacted a change to the “public charge” rule, a regulation that stems from the Immigration Act of 1882 that is intended to prevent immigrants who are unable to provide for themselves from draining public coffers. The Trump Administration’s change to the rule expanded the criteria that could disqualify immigrants from receiving green cards.

Under the rule in the past, officials could deny permanent legal status to immigrants who had a history of long-term institutionalization or of collecting substantial and sustained monetary assistance. Fewer than 1 percent of green card applicants had previously been disqualified on public-charge grounds.

The changes to the rule broadened public charge criteria to include non-cash benefits for basic needs like housing or food that an immigrant collected over any 12 months during a 36-month period. The rule change also counts receiving two different types of benefits in a single month as two months, rather than one.

Various organizations and jurisdictions challenged the rule change, including some in California. Multiple judges then issued injunctions against the rule change.

On Monday, five conservative Supreme Court justices made up the majority, which voted to uphold the rule and lift the injunctions.

Justices Neil Gorsuch and Clarence Thomas issued a concurring opinion in which they commented on the growing problem of lower court judges issuing nationwide injunctions. Gorsuch stated the Supreme Court must confront this practice and that the routine issuance of universal injunctions creates chaos for litigants, the government, courts and those affected by the conflicting decisions.

In recent years, it has become common practice for judges to issue injunctions against Trump Administration immigration policies, which the Supreme Court has now upheld on multiple occasions.

The Trump Administration has argued the rule change upheld on Monday promotes self-sufficiency and personal responsibility. Opponents have argued the expansion of the public charge rule harms safety net programs and results in decreased use of public services by noncitizens.


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LameCommenter

Obviously federal judges should NOT be allowed to issue nationwide injunctions since judge shopping allows a slanted federal judge to over reach. However, if such a case reaches the Supreme Court (as empaneled) I would expect turncoat John Roberts to vote AGAINST blocking these wildcat liberal judges from nationwide obstructing Trump Administration actions.


Mister Chief Justice flipped on his ObamaCare vote, and others., and cannot be fully trusted to act in a conservative nor Constitutionalist manner.


Mjd

Ladies & Gentlemen,


I SUPPORT America’s immigration laws!


Illegal is a crime, not a race.


,As President, DJT is correct in curtailing illegal immigration into our country, and hardworking Americans deserve better than liberal politicians who put the needs of the illegal aliens over the needs of our own children. Locally, SLO Mayor Heidi Harmon has embraced sanctuary city politics, and all Americans should vote her out-of-office for her appalling lack of judgement.


Demand that ALL politicians support our democratically constructed laws, and let’s preserve American sovereignty by enforcing our border laws.


Build the Wall!

End Handouts to Illegals.

Stop Pandering Politicians.

End Sanctuary City.


Wildrnes

Amen! We’ll start by deporting Melania.


MrYan

How does the green card thing work when the beneficiaries in the household are the American children of the green card holder?


Their American children (citizens) are just as entitled to aid as any other hungry American child to get food stamps. How do you square that?


Deport the deadbeat parent you say? That will result in the State paying, a legal relative most likely, to provide Foster care for the orphaned child. Foster care pays for the caregiver, and comes with free medical for the child too. About $1000 a month per child. Those payments continue even if the child is subsequently adopted until they are 18. That is how the system works.


So the parent fearing deportation doesn’t ask for help for their kids as intended. Their children go hungry as a result. Hurrah!!


A debt saved for our pocketbook I guess, but paid for by our soul..


mercut1469

I seem to remember from my history books that quite a large number of Jews were prevented from emigrating to the United States from Nazi Germany in the 1930’s because of the so-called “public charge” policy. Since their wealth had been confiscated by Hitler they would need some sort of assistance when they arrived and so were denied entrance.


I have a good solution for this problem—force farmers and contractors to pay realistic wages to immigrant labor so they don’t have apply for food stamps or medicaid. The brunt of immigrants I have dealt with—over 40 years working in local agriculture—don’t want a handout, but are willing to do just about anything to make a livable wage.


exWGemployee

Many of them work under the table – I know of LOTS that only work for cash, which still allows them to collect their various benefits thought the state. They have better health care and eat better food than I do and I work my butt off, full time. They get $170 in food stamps PER PERSON living in their household. That means for a family of five, they get $850 in free food, every month! Plus they get Section 8 housing, their kids have better chances of scholarships, etc. all the while, my butt (and my spouse) is working full time trying to make ends meet, and paying taxes that they don’t have to pay. It’s RIDICULOUS!


If the farmers/contractors pay a “living wage” as you say, the price we have to pay for our fruits, produce, etc. will increase substantially. Heck, there are lots of people with college degrees that don’t make a living wage (that they paid for without a scholarship or grant), but don’t collect benefits from the state.


mercut1469

Your frustrated rant makes my point. Why can’t everyone involved make a living wage—including you? Almost every immigrant laborer I came across worked hard and deserved such, as do you. The U.S. economy produces a GDP of nearly $20 trillion, yet the top 20% absorbs 86% of that wealth, leaving the rest of us to fight over the crumbs. By vilifying your immigrant neighbors you are simply playing into the hands of the rich who know that they can exploit racism, class envy and cultural divisions in order to keep things the way they are.


Jorge Estrada

I had to get a green card at the time of my adoption, became a Naturalized Citizen and never sponged off of the tax payers. The process is called, “legal immigration”. For those who prefer to pay taxes to educate, medicate and in every way facilitate illegals, I can support that if you are willing to bring them into your house hold and be financially responsible for them. That process is called “Truth”.


exWGemployee

You should be very proud, Mr. Estrada of how young your adored family did things the correct (and legal) way. And you are spot-on with your above statement. Put them in your household if you’re pro-immigration, open your door and pocketbook to support it. Me and my family have worked WAY too hard to do things the right way in the USA to just give it away to those who want to take advantage.


When my family came here (not from Mexico, from Sweden) and tried to attend school, they were kicked out and told “come back when you can speak English”. They weren’t given free health care, food, schooling, or housing. THEY EARNED EVERYTHING THE HARD WAY. Boy, times have changed!


sharshofar

Our country was built on self sufficiency I thank God for our President. As a previous business owner I could never compete with the welfare programs because they paid more in benefits and pay than what minimum wage cost were. This will give those who have come to our country for freedom and opportunity to truly experience that. It’s about time!


oldtimer

Firstly, lol at your ideology without facts or merrit saying people should suffer like the good ol days, psychopathic, You must have been paying in peanuts then, literally it would seem, or exploiting poor or illegal work, teens, children, slaves for labor; like the good ol days, or now bankrupt and bilking the system? Idk what country you’re thinking of where welfare benefits give any economic mobility for the disadvantaged, it’s sure as heck not the USA. And this counties minimum wage is way lower than up north, yet rents are the same. Selfishness will lead to the downfall. What about trickle down economics?? Gotta trickle it down some how. Lol, 30 dollars monthly in food stamps and 50 dollar weekly unemployment will get me a mortgage for sure hahaha. Oh that gosh darn section 8 and programs to help the poor!! They should just work harder! Lol, and Corporations didn’t pay taxes and people hide their money offshore and avoid taxes, oh you’re silly ha. I wonder what president and his son in laws fathers went to prison for tax evasion, give a guess, think hard.


Last Individual

You certainly seem to know a lot about our country’s welfare programs, oldtimer. How might you have aquired this knowledge?


By the way, you need considerable work on your writing skills, particularly in the areas of punctuation, grammar, spelling, and excessive use of initialisms. (You don’t sound like someone who does a lot of laughing.) Maybe you know if the government has a program to “help” you with this.


IDBOUND

In almost all countries in the world if a person seeks long term stay or citizenship the person must provide proof of ability to support ones self .Immigarants of the early 1900s came here and worked hard built a life for their families …As a citizen myself I have never received welfare unemployment etc . I have never had health AKA medical insurance or dental , when was offered by employers I just had them add what portion their cost would be to my paycheck …When I’ve needed medical or dental care I paid cash …When my kids were in my home we had a zero interest medical credit card .Yes I did have to pay Obama care fines but saved me thousands and no I don’t have to have the New mandated but illegal California mandated insurance as I only live a small portion of the year in California .I agree with supreme court there should be no free lunch and no handouts to illegal invaders seeking the money grab …I worked 110 hour work weeks for over 25 years