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SCOTUS Will Allow Trump's Green Card Rule

Reverses a previous ruling that put a hold on the policy
By Newser Editors and Wire Services
Posted Jan 27, 2020 2:38 PM CST
In this June 17, 2019 file photo, the Supreme Court in Washington.   (AP Photo/J. Scott Applewhite)

(Newser) – A divided Supreme Court on Monday allowed the Trump administration to put in place a policy connecting the use of public benefits with whether immigrants could become permanent residents, the AP reports. The new policy can be used to deny green cards to immigrants over their use of public benefits including Medicaid, food stamps, and housing vouchers, as well as other factors. The justices' order came by a 5-4 vote and reversed a ruling from the 2nd US Circuit Court of Appeals in New York that had kept in a place a nationwide hold on the policy following lawsuits that have been filed against it. The court's four liberal justices, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor, would have prevented the policy from taking effect.

Federal appeals courts in San Francisco and Richmond, Virginia, had previously overturned trial court rulings against the policy. An injunction in Illinois remains in effect, but applies only to that state. The lawsuits will continue, but immigrants applying for permanent residency must now show they wouldn't be public charges, or burdens to the country. The new policy significantly expands what factors would be considered to make that determination. Roughly 544,000 people apply for green cards annually. According to the government, 382,000 are in categories that would make them subject to the new review. Immigrants make up a small portion of those getting public benefits, since many are ineligible to get them because of their immigration status.

(Read more immigration stories.)

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