Public Charge Rule is BLOCKED

[igoyougoduke 1,662]

Judge Issues Two Nationwide Injunctions Blocking “Public Charge” Immigration Rules Amid COVID-19 Pandemic

New injunctions will allow immigrant communities across the U.S. to safely access critical health care and public assistance during health crisis

NEW YORK, NY — Today, a Manhattan federal court issued two nationwide injunctions temporarily blocking the Trump administration’s “public charge” rules. An injunction issued against the U.S. Department of Homeland Security (DHS) prevents DHS from enforcing, applying, implementing, or treating as effective the “public charge” rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak. The ruling came after immigrant rights attorneys successfully argued that the COVID-19 pandemic has made the DHS public charge rule lethal to immigrant communities by chilling the use of health care and other benefits. The court also enjoined the U.S. State Department from applying its parallel “public charge” rules, including the president’s Health Care Proclamation, to applicants for visas at U.S. embassies and consulates abroad.

 

“Since the Trump administration announced the public charge rules, it has caused immense harm to our communities — harm that intensified, as our country is in the midst of a health crisis,” said Javier H. Valdés, Co-Executive Director at Make the Road New York. “The public charge rules by both DHS and DOS attacked our loved ones by imposing a racist wealth test on the immigration system, leaving working immigrants to choose between vital services or remaining together with their families. At Make the Road, we have seen the devastating effect this rule has on families scared to seek out healthcare and basic forms of assistance from food pantries and even their children’s schools. We applaud the court’s decision and will continue to fight to stop the Trump administration’s reckless and inhumane attacks on immigrants.”

 

In January, the U.S. Supreme Court stayed the same New York court’s October 2019 decision to block DHS’s “public charge” rule. As a result, DHS began enforcing the rule on February 24, 2020, just before the coronavirus outbreak became a nationwide pandemic. The new injunction against DHS was issued in response to a joint motion filed by lawyers from the Center for Constitutional Rights, The Legal Aid Society, and Paul, Weiss, Rifkind, Wharton & Garrison LLP, who joined New York State Attorney General Letitia James, representing the states of New York, Connecticut, and Vermont and the City of New York in arguing that immigrants should not be deterred from accessing health care and government benefits and services, especially during this unprecedented health crisis.

The second nationwide injunction was issued in a separate case challenging the State Department’s public charge rule as well as the president’s Health Care Proclamation requiring visa applicants to show proof of private health insurance. Because of the ruling, immigrants seeking to go through consular processing will not be subject to the public charge test utilized by the State Department. That case was brought on behalf of individual and organizational plaintiffs by the Center for Constitutional Rights, The Legal Aid Society, the National Immigration Law Center, and Paul Weiss. Today’s ruling is the first decision fully addressing these policies, and it enjoined those policies indefinitely.

 

In his decision today, Judge George B. Daniels wrote: “Much has significantly changed since January 27. Today, the world is in the throes of a devastating pandemic, triggered by the novel coronavirus SARS-CoV-2. In six months, approximately 16.5 million people around the globe have been afflicted by the disease caused by this virus. That disease (COVID-19) has claimed over 650,000 lives worldwide. In the United States alone, COVID-19 has spread rapidly, infecting over four million people. Close to 150,000 American residents have died. All of these staggering numbers continue to climb on a daily basis…. Thousands continue to die indiscriminately. Attempting to effectively combat this plague has immediately come in conflict with the federal government’s new ‘public charge’ policy, a policy which is intended to discourage immigrants from utilizing government benefits and penalizes them for receipt of financial and medical assistance.”

 

 

https://www.nilc.org/2020/07/29/injunctions-block-public-charge-rules-amid-pandemic/

Edited July 30, 2020 by James120383

[designguy 1,179]

Congress should start making some laws again

[igoyougoduke 1,662]

55 minutes ago, designguy said:

Congress should start making some laws again

Congress and work are two words that are not supposed to be used together

[Just Paul 4,595]

Only applies to USCIS and not to Consulates.   When they reopen.

[HRQX 4,145]

1 hour ago, Paul & Mary said:

Only applies to USCIS and not to Consulates.   When they reopen.

That same judge issued 2 injunctions today.

Injunction on DHS public charge rule: https://ccrjustice.org/sites/default/files/attach/2020/07/Dkt 221.Judge's Order granting COVID-19 PI and denying most of MTD.7 29 2020 cuccinelli.pdf

Injunction on DOS public charge rules: https://www.nilc.org/wp-content/uploads/2020/07/MTRNY-v-Pompeo-PI-Order-2020-07-29.pdf

[NMHayek 56]

18 minutes ago, HRQX said:

That same judge issued 2 injunctions today.

Injunction on DHS public charge rule: https://ccrjustice.org/sites/default/files/attach/2020/07/Dkt 221.Judge's Order granting COVID-19 PI and denying most of MTD.7 29 2020 cuccinelli.pdf

Injunction on DOS public charge rules: https://www.nilc.org/wp-content/uploads/2020/07/MTRNY-v-Pompeo-PI-Order-2020-07-29.pdf

Yes the article posted  says It as well “The court also enjoined the U.S. State Department from applying its parallel “public charge” rules, including the president’s Health Care Proclamation, to applicants for visas at U.S. embassies and consulates abroad.”

Edited July 30, 2020 by NMHayek

[Justxxxx 56]

Public charge rule is public charge rule it dose not matter wether for uscis or consulate. The court blocked the rule simple.

[Justxxxx 56]

10 hours ago, Paul & Mary said:

Only applies to USCIS and not to Consulates.   When they reopen.

Were did such statements or you are just making your personal opinion. The rule covers both uscis and consulate it’s a single EO so as the court halt it it will apply every both sides 

[Just Paul 4,595]

12 minutes ago, Justxxxx said:

Were did such statements or you are just making your personal opinion. The rule covers both uscis and consulate it’s a single EO so as the court halt it it will apply every both sides 

Consulates were already applying a more stringent Public Charge interpretation prior to the EO.

[Justxxxx 56]

12 minutes ago, Paul & Mary said:

Consulates were already applying a more stringent Public Charge interpretation prior to the EO.

 

Edited July 30, 2020 by Justxxxx

[Justxxxx 56]

18 minutes ago, Justxxxx said:

I

 

Edited July 30, 2020 by Justxxxx

[pablo2752 106]

I am confused. Does this mean anything to people who already submitted AOS packet with i-944? 

I wouldn't be too excited now . 

Edited July 30, 2020 by pablo2752

[Lucky2Lucky 2,526]

4 minutes ago, pablo2752 said:

I am confused. Does this mean anything to people who already submitted AOS packet with i-944? 

I wouldn't be too excited now . 

No.

[Prisonmate 93]

I-944 is currently still in effect. Maybe by the time you go to your interview for the AOS, USCIS may not look at your I-944 application if the Judge's ruling still holds.

[JeanneAdil 6,554]

28 minutes ago, Paul & Mary said:

Consulates were already applying a more stringent Public Charge interpretation prior to the EO.

They have been

Called here "totality of circumstances"  often

When the embassy regards the income as "too low"   they give a 221 g asking for a joint sponsor

they don't call it public charge but cpvers all expenses that could be incured in the US