SCOTUS: Trump Administration’s Self-Sufficient Immigrants Policy Can Stand in Coronavirus Era

Illegal immigrants line up for work permits
AP/DAMIANDO VARGANS

The United States Supreme Court ruled on Friday against pausing the Trump administration’s policy that requires would-be immigrants to be self-sufficient so they do not become a “public charge.”

Pro-migration media outlets, including Law360, regularly refer to the policy as “a wealth test for immigrants:”

In a one-sentence decision, the high court denied a request by New York state, New York City, Vermont and Connecticut that would temporarily lift or modify a stay of a nationwide injunction that would block the public charge rule from going into effect. The order does not preclude a filing in the district court “as counsel considers appropriate,” the high court said.

In a separate appeal before the Supreme Court on Friday, the high court also refused to issue a stay that would lift a similar injunction blocking the public charge rule in Illinois. Again, the Supreme Court clarified that the order does not bar the state from filing a request in the district court.

The U.S. Department of Homeland Security announced in August that an application for a green card to allow migrants to live legally in the United States would include information about said migrants economic independence.

The high court gave the DHS a green light earlier this year to carry out the new immigration rule, even though five federal court orders claimed the rule could be “illegal.” 360Law reported:

DHS started implementing the policy in all 50 states in February, allowing it to deny green cards to immigrants who have used certain public benefits in the past or are considered likely to use them in the future based on factors like age, education level and health.

The website reported that earlier this month the plaintiffs’ request that that the high court revisit its January decision, arguing the coronavirus could make migrants reluctant to seek medical help, increasing the chances of death from coronavirus.

“The federal government has previously defended its implementation of the rule during the pandemic, saying that most immigrants who don’t yet have green cards aren’t eligible for most federal public benefits like Medicaid anyway,” 360Law reported.

The U.S. Citizenship and Immigration Services issued a statement that said the rule “does not restrict access to testing, screening, or treatment of communicable diseases, including COVID-19.”

New York Attorney General Letitia James said in a statement after the ruling that she believes the Supreme Court’s order allows the states and the city to continue the fight against the rule in New York federal court.

“We will soon file an emergency motion in the Southern District of New York because our country cannot afford to wait,” the statement said. “The public charge rule threatens the public’s health, our economy, and all New Yorkers — citizens and non-citizens alike.”

Breitbart News earlier reported on the rule:

As Breitbart News previously noted, will favor younger, self-sufficient, healthier, and English-speaking legal immigrants over those who have used at least one form of public welfare for more than 12 months within any 36-month period.

When last asked of their support for the rule, 56 percent of Hispanic Americans said they supported favoring self-sufficient legal immigrants for green cards over welfare-dependent legal immigrants, as well as about 6-in-10 of all American voters and 62 percent of all swing voters.

Acting DHS Deputy Secretary Ken Cuccinelli said:

This rule enforces longstanding law requiring aliens to be self-sufficient, reaffirming the American ideals of hard work, perseverance, and determination. It also offers clarity and expectations to aliens considering a life in the United States and will help protect our public benefits programs.

Foreign nationals arriving in the U.S. as refugees, asylees, victims of human trafficking, domestic violence victims, and violent crime victims are not subject to the Public Charge rule.

The big business lobby and corporate interests have denounced the rule because they say they need welfare-dependent legal immigrants coming to the U.S. to grow the economy, create more consumers, and secure a never-ending flow of lower-wage foreign workers.

“The rule is a boon for American taxpayers in the form of an annual $57.4 billion tax cut — the amount taxpayers spend every year on paying for the welfare, crime, and schooling costs of the country’s mass importation of 1.2 million new, mostly low-skilled legal immigrants,” Breitbart News reported.

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