Under the rule, legal immigrants who use government benefits like Medicaid or food stamps for more than 12 months within any three-year period will jeopardize their ability to get a green card. While the policy affects relatively few people, researchers have chronicled how it has scared immigrants away from applying for assistance or even enrolling their kids in public health coverage.
Other judges in multiple federal district and appellate courts have also ruled against the policy, at least in the states under their jurisdiction, but the Supreme Court's earlier lifting of any freezes overrode their decisions.
What’s next: The controversial policy was already once again pending before the Supreme Court, where the Trump administration is asking the justices to finally address the rule's underlying constitutionality following a separate appellate court decision that nonetheless hasn't stopped its enforcement.
The Justice Department didn’t immediately comment on next steps, although the administration is likely to appeal — particularly if Trump wins again.
Notably, Trump’s newest SCOTUS appointee, Justice Amy Coney Barrett, had dissented from her colleagues at the Chicago-based 7th U.S. Circuit Court of Appeals when they overturned. Thus, she will have to recuse herself from weighing in on the case again now that she is on the high court bench.
The court's other conservatives, including Chief Justice John Roberts, all voted to let the administration move forward with implementing the rule.
November 03, 2020 at 03:52AM
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Federal judge tosses Trump rule curbing public assistance for immigrants - Politico
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