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While a “public charge” inadmissibility standard has long been part of U.S. immigration law, it had not been formally defined by statute. The rule, announced by U.S. Citizenship and Immigration Services in August, defines a “public charge” as an immigrant who received one or more designated benefits for more than 12 months within a 36-month period.
At issue is the administration’s rule issued in August that would restrict immigrants entering the United States if the government believes they will rely on public assistance, such as housing or health care benefits. Lower federal courts had blocked the policy from being implemented while the issue is being litigated.
Justice Neil Gorsuch -- supported by Justice Clarence Thomas -- wrote a separate concurrence, criticizing the increased reliance on nationwide injunctions to block government policies.
“The real problem here is the increasingly common practice of trial courts ordering relief that transcends the cases before them. Whether framed as injunctions of 'nationwide,' 'universal,' or 'cosmic' scope, these orders share the same basic flaw—they direct how the defendant must act toward persons who are not parties to the case,” Gorsuch wrote.
originally posted by: TheAMEDDDoc
This is interesting because it could force change in numerous policies. It could also negatively impact these population groups after the fact.
How will it impact support programs in states that ignore the rule that receive dual funding from state and federal coffers? Medicare/Medicaid come to mind and other allowances.
It could also cause a whole slew of other problems, we need a more permanent solution that helps those already here and regulates future problems much more heavily.
originally posted by: OccamsRazor04
We have a Constitution, it needs to be followed by everyone.
originally posted by: LordAhriman
originally posted by: OccamsRazor04
We have a Constitution, it needs to be followed by everyone.
Point me to the parts about immigration and welfare.
originally posted by: TheAMEDDDoc
But without an education and transition program we're condemning them to failure.
originally posted by: squittles
I find it unnerving that so many of these rulings are 5-4 - to me
originally posted by: LordAhriman
originally posted by: OccamsRazor04
We have a Constitution, it needs to be followed by everyone.
Point me to the parts about immigration and welfare.
Justice Neil Gorsuch -- supported by Justice Clarence Thomas -- wrote a separate concurrence, criticizing the increased reliance on nationwide injunctions to block government policies.
“The real problem here is the increasingly common practice of trial courts ordering relief that transcends the cases before them. Whether framed as injunctions of 'nationwide,' 'universal,' or 'cosmic' scope, these orders share the same basic flaw—they direct how the defendant must act toward persons who are not parties to the case,” Gorsuch wrote.
originally posted by: squittles
(By the way, his processing was delayed by 6 months by the DACA executive order - I noticed no one stood up for all of those immigrants who had to wait an extra 6 months to a year for their green cards.)
originally posted by: TheAMEDDDoc
we need a more permanent solution that helps those already here and regulates future problems much more heavily.
originally posted by: Lumenari
a reply to: OccamsRazor04
I think that if a lower court rules and the SC has to overturn the ruling, then the judges in the lower court that ruled opposite of the SC should be impeached.
That would quickly flush the activists out of the Judicial system.
originally posted by: CrawlingChaos
originally posted by: Lumenari
a reply to: OccamsRazor04
I think that if a lower court rules and the SC has to overturn the ruling, then the judges in the lower court that ruled opposite of the SC should be impeached.
That would quickly flush the activists out of the Judicial system.
I disagree. Not every opposing viewpoint is necessarily being an activist. Disgreements and reviews are a natural part of the judicial system.