There was a time when foreigners who wanted to immigrate to the United States had to prove they wouldn’t be a burden on American taxpayers.
The Trump administration seeks to return to those times. U.S. Immigration and Customs Enforcement issued a new policy last August that expanded the list of welfare programs that could disqualify a foreigner from receiving a green card or temporary visa. If the government believes the person will rely or has relied on welfare programs like food stamps, they could be denied permanent or temporary residency.
A federal judge issued a nationwide injunction against enforcement last October.
The U.S. Supreme Court, however, lifted that injunction (except in Illinois) on Monday in a 5-4 decision. From the New York Post (emphasis add):
The lawsuits will continue, but immigrants applying for permanent residency must now show they wouldn’t be public charges, or burdens to the country.
In a separate opinion, Justice Neil Gorsuch urged his colleagues to confront the “real problem” of so-called nationwide injunctions, orders issued by a single judge that apply everywhere. In this case, even though the administration won rulings in two different appellate courts covering 14 states, its policy could not take effect.
“What in this gamesmanship and chaos can we be proud of?” Gorsuch wrote in an opinion joined by Justice Clarence Thomas.
Photo credit: By Arasmus Photo – Immigration Reform Leaders Arrested in Washington DCUploaded by Chzz, CC BY 2.0, Link