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Appeals Court Blocks Immigrant Wealth Test in the Northeast

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WASHINGTON — A federal appeals court on Tuesday blocked the Trump administration’s efforts to deny permanent residency to legal immigrants who make even limited use of public benefits like Medicaid, food stamps or housing vouchers, but restricted the injunction to New York, Connecticut and Vermont.

The 114-page ruling by the U.S. Court of Appeals for the Second Circuit affirmed a decision last week by Judge George B. Daniels of the U.S. District Court in Manhattan, who said the wealth test could discourage residents from seeking medical care during the coronavirus pandemic. The so-called public charge rule that was introduced last year expanded the number of federal support programs whose enrollment would disqualify applicants from green cards.

Immigration groups have argued that the rule, even before it took effect, had discouraged immigrants in the country legally from seeking medical treatment or financial support.

In the past, only substantial and sustained monetary help or long-term institutionalization counted against immigrants applying for green cards, and fewer than 1 percent of applicants were disqualified on public-charge grounds.

Department of Homeland Security officials have criticized the issuance of nationwide injunctions by district judges, and the three-judge panel of the appeals court indicated it shared the concern that the lower court’s nationwide block would be “imposing its view of the law within the geographic jurisdiction of courts that have reached contrary conclusions.”

The judges also noted that the rule had been the subject of multiple legal challenges, including one that has reached the Supreme Court. The court ruled in January that the Trump administration could move forward with the rule as the court system heard substantive arguments for and against it. At that time, Justices Neil M. Gorsuch and Clarence Thomas issued a concurring opinion saying that such nationwide blocks caused “chaos for litigants, the government, courts and all those affected by these conflicting decisions.”

The states covered by the new injunction are within the federal appeals court’s jurisdiction.

“We see no need for a broader injunction at this point, particularly in light of the somewhat unusual posture of this case, namely that the preliminary injunction has already been stayed by the Supreme Court,” wrote Judge Gerard E. Lynch, who was appointed by President Barack Obama.

The plaintiffs in one of the two lawsuits considered by the court included New York City, Connecticut and Vermont. Immigrant rights groups brought the second case.

The Department of Homeland Security did not immediately respond to requests for comment.

Department officials have argued that the wealth test would prevent the admission of immigrants who would not be able to support themselves in the United States. After announcing the policy, Kenneth T. Cuccinelli, the department’s acting deputy secretary and a defendant in the case, promoted the rule by revising the iconic sonnet on the Statue of Liberty by saying the United States would welcome those “who can stand on their own two feet.”

He added that the verses, written by Emma Lazarus, referred to “people coming from Europe where they had class-based societies.”

In his ruling, Judge Lynch challenged the argument from homeland security officials.

“D.H.S. goes too far in assuming that all those who participate in noncash benefits programs would be otherwise unable to meet their needs and that they can thus be categorically considered ‘public charged,’” Judge Lynch wrote.

Source: Appeals Court Blocks Immigrant Wealth Test in the Northeast

By Zolan Kanno-Youngs

Kenneth T. Cuccinelli, the acting deputy homeland security secretary, has promoted the public charge rule.Credit…T.J. Kirkpatrick for The New York Times

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Supreme Court won’t reinstate Biden policy limiting immigration arrests

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According to this article on Washington Post, by Robert Barnes and Maria Sacchetti

“The Supreme Court on Thursday refused to reinstate the Biden administration’s policy limiting immigration arrests, after a Texas district judge said the guidance to deportation officers violated federal laws.

The court instead said it will hear the merits of the case in December. The practical result is that the administration will not be able to implement its strategy for the rest of the year. The Biden administration had protested that it was unfair to allow a single district judge to disrupt the executive branch’s immigration priorities on a nationwide basis.

The vote was 5 to 4. Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson indicated they would have granted the administration’s request to put the lower court ruling on hold and allow the administration to go forward with its policy while deciding the merits of the case.”

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U.S. Supreme Court says Biden has authority to end anti-immigration policy

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According to this article on NM Political Report, by Susan Dunlap

“The U.S. Supreme Court ruled on Thursday that President Joe Biden has the authority to end the Trump-era immigration policy forbidding asylum seekers from entering the U.S.

On its final day of the 2020-2021 term, the Supreme Court agreed with Biden in Biden v. Texas that he has the authority to end former President Donald Trump’s “Remain in Mexico” policy, also known as the Migration Protection Protocols. The policy has prevented asylum seekers from entering the U.S.

Biden is still fighting, separately, the ability to end Title 42, which put controls on asylum seekers due to the COVID-19 pandemic. Trump issued that policy in the spring of 2020, saying at the time that he was protecting human health. The Biden administration has tried to lift Title 42 this year but a Louisiana federal court blocked the move in May.”

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US charges political rival in Haitian president’s killing

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According to this article on Associated Press, by Associated Press

“MIAMI (AP) — A former Haitian senator is facing charges in the United States related to last year’s assassination of former Haiti President Jovenel Moïse, authorities said.

John Joel Joseph made his initial appearance Monday in Miami federal court, according to court records. The Haitian citizen was extradited from Jamaica to the U.S. on Friday to face charges of conspiring to commit murder or kidnapping outside the United States and providing material support resulting in death, knowing or intending that such material support would be used to prepare for or carry out the conspiracy to kill or kidnap. He faces a possible life sentence.

According to a criminal complaint, Joseph and others, including about 20 Colombian citizens and several dual Haitian-American citizens, participated in a plot to kidnap or kill Haiti’s president, who was ultimately slain at his home in Haiti on July 7.

Joseph was arrested in Jamaica in January along with his wife and two sons.”

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