Judicial Victories in Public Charge Cases Give Trump Admin. Confidence for Implementation of Long-standing Law

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WASHINGTON—U.S. Citizenship and Immigration Services obtained judicial victories in decisions issued by the Ninth Circuit last week and the Fourth Circuit Monday to stay the injunctions and respect the legal authority vested in the Administration by the U.S. Congress to enforce long-standing law requiring aliens seeking to come or stay in the United States to be self-sufficient.

“USCIS is encouraged by the recent judicial decisions that are positive signs that the implementation of the rule of inadmissibility based on public charge grounds is possible,” said USCIS Acting Deputy Director Kathy Nuebel Kovarik. “This rule enforces long-standing immigration law, one that has been around since the 19th century and has not been changed by Congress in decades.”

On Dec. 5, the U.S. Court of Appeals for the Ninth Circuit granted DHS’s motion for a stay of the preliminary injunctions granted by the U.S. District Courts for the Northern District of California and Eastern District of Washington. On Dec. 9, the U.S. Court of Appeals for the Fourth Circuit granted DHS’s motion for a stay of the preliminary injunction granted by the U.S. District Court for the District of Maryland. 

DHS remains bound by a nationwide injunction issued in a case pending before the U.S. District Court for the Southern District of New York and an injunction limited to the state of Illinois pending before the U.S. District Court for the Northern District of Illinois. Related litigation continues before the U.S. Courts of Appeals for the Second and Seventh Circuits. 

The final rule, issued in August, prescribes how DHS would determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act.

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