It Is "an Unnecessary Diversion": Federal Judge Blocks The Entry Into Force Of New Public Charge Rule | Univision Immigration News

In a 24-page opinion, federal district judge George Daniels called the new rule an unnecessary deviation from the procedures established for "more than a century."

"In addition to the conclusive allegations that they will be harmed by the impediment to administer the immigration system, the defendants did not articulate, and cannot articulate what real difficulties they will suffer from maintaining the status quo," Daniels wrote.

The rule allowed the immigration service to deny immigration benefits, including permanent legal residence (green card) to foreigners who use public assistance, such as food stamps, medical assistance or assistance for the payment of housing, among others.


The preliminary national order was issued by Judge George Daniels. The ruling prohibits the government from implementing the new norm, which according to organizations that defend the rights of immigrants, religious groups and lawyers, would affect thousands of foreigners, especially those with low economic resources who even qualify to receive certain types of assistance by the State.

"According to Judge Daniels' opinion, the rule as written will not come into effect on Tuesday, October 15," said José Guerrero, an immigration lawyer who practices in Miami, Florida.

"The judge said in his opinion that the plaintiffs have the possibility of winning on the merits of the case and that if it had entered into force, they would suffer irreparable damage."

The case

The lawsuit was filed in late August by a group of organizations that defend the rights of immigrants in New York, who joined a similar one that states and the District of Columbia.

"We, along with @LegalAidNYC, @theCCR and allied organizations, are suing the Trump administration for the #PublicCharge attack in our communities," said Make the Road New York on his account at the time. Twitter social network. "The new rule would have a chilling impact on potentially millions of families here NYC if it goes into effect on October 15," he added.

On August 14, the counties of San Francisco and Santa Clara, California, alleged that the changes suggested by the Trump administration will worsen the health and well-being of its residents, increase public health risks and have a financial impact.

The plaintiffs also considered that the new rule "makes it easier to go unfairly against immigrants who are workers and who comply with the law."

“It makes it easier to go unfairly against immigrants who are workers and who comply with the law while sowing fear and confusion in our communities,” said Dennis Herrera, a San Francisco prosecutor, in a statement. “This rule forces people to make an impossible decision: their health or a better future with their family. We will all assume the price of this wrong policy, ”he added.

"The Manhattan court ruled in favor of the states of New York, Vermont and Connecticut, and argued that immigrants would suffer irreparable damage if the rule went into effect," said Stephen Yale-Loehr, a professor at the University's law school from Cornell, in New York. "Several other lawsuits that challenge the public charge rule are also pending," he said.

What is it about

The new rule was published in the Federal Register (official US newspaper) on August 13. After knowing the details of the measure, which is part of Trump's zero-tolerance immigration policy, lawyers said it was an "attack" on immigrants with papers in order, the first large-scale government since Trump arrived to the White House in January 2017.

The new provision, which would come into effect after a 60-day public comment period, will not only affect future immigrants, but also blocks legal immigration when adjusting their status to permanent legal residents (green card) and also to his immediate relatives.

In accordance with the announced policy, legal immigrants who use public aid will run the risk of facing deportation lawsuits in case they request a change of status and deny them the request under threat of co-investing in a burden on the State.

If it enters into force, "the new rule will fundamentally change who we are as a country, transforming us from a country that welcomes people who want to strive to improve their lives, into a country manipulated to favor the rich," he had said shortly before the ruling. the National Immigration Law Center (NILC).

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