US Supreme court allows Trump’s “public charge” rule, obtaining green card to get tricky

indica News Bureau-


US Supreme Court on January 27 allowed the Trump administration to begin enforcing a rule making it harder for immigrants to obtain green cards. The U.S. Supreme Court has ruled that DHS may implement its public charge rule in all states except Illinois while a litigation challenging the rule continues. DHS is expected to begin implementation shortly, requiring new forms and evidence from adjustment applicants, and from some non-immigrants seeking to change or extend status in the United States.

The court’s five conservatives, including Chief Justice John Roberts, formed the majority siding with the administration. The decision came as Roberts was presiding over President Donald Trump’s impeachment trial in the Senate. The rule, which was proposed in August, will make it more difficult for immigrants to obtain permanent residency, or green cards, if they have used or are likely to use public benefits like food stamps and Medicaid.

“The effects of  Supreme Court decision on the “public charge” rule will be devastating. Because of the “public charge” rule, families are already going hungry and people are avoiding needed medical care.” said Governor Newsom in a statement.  He further said that California is actively reviewing the decision to determine next steps and provide further guidance to impacted Californians. “California will continue to fight against these efforts to terrorize immigrant families”, the statement said. 

District courts around the country had halted the rule from going into action, but the Trump administration was successful before two federal appeals courts, which would have allowed the policy to be enforced.

 In the coming days, DHS is expected to re-post the forms necessary to implement the public charge rule. Once it does so, adjustment of status applicants will be required to provide additional information and documentation in support of their applications. Non-immigrants seeking to change or extend their status in the United States will be asked additional questions to determine whether they are subject to a new “public benefit condition” on eligibility.

More than 100 U.S. companies, including Microsoft, Reddit, Redfin, and Twitter, signed onto a friend-of-the-court brief urging the Supreme Court not to strike down the injunction. The companies said making it more difficult for immigrants to gain legal status would hurt innovation and the economy. The brief was organized by Boundless, which provides software and resources to help foreign-born customers navigate the U.S. immigration system.

President Donald Trump introduced the public charge rule in 2019. The administration says the change is intended “to better ensure that aliens subject to the public charge inadmissibility ground are self-sufficient, i.e., do not depend on public resources to meet their needs, but rather rely on their own capabilities, as well as the resources of family members, sponsors, and private organizations.”