Under existing federal law, the government is not supposed to issue a green card to potential immigrants if they are likely to become a "public charge". The idea behind the legislation (which was passed long ago) is that the USA ought not admit new residents or citizens who are going to have to be supported by the government for their day to day needs. A while ago, the Trump administration proposed a regulation that defined "public charge" as including anyone who has spent more than the one out of the previous three years on welfare or Medicaid. If someone seeking a green card can't support themselves for more than two-thirds of a three year period, then they are a public charge.
As one would expect, as soon as this regulation was finalized, a bunch of states run by Democrats raced to the courthouse to try to stop enforcement of this regulation. A liberal judge in New York agreed and ruled that the regulation could not go into effect anywhere in the country. The administration appealed this to the Supreme Court, and this morning the court announced that it had ruled that the new regulations can go into effect while the regular appeals from the trial court proceed.
What does this mean? It's simple. The Court has given back to the executive branch of the government the ability to make rules without everything having to be approved by one court or another. The government is entitled to enforce new rules unless and until there is a final decision -- including all appeals -- finding that the regulation is improper. No longer can lower courts be used to enjoin laws or regulations on a nationwide basis.
Look, it's hard to imagine an impartial court finding that one is not a threat to become a public charge if one has been unable to support him or herself for at least 2/3 of the time. Nevertheless, the Dems found a judge willing to issue an injunction stopping such a regulation. Even worse, the Dems found a judge who would enjoin the use of that regulation anywhere in the USA. The Supreme Court is finally putting an end to this practice of out of control nationwide injunctions.
This is really good news.
As one would expect, as soon as this regulation was finalized, a bunch of states run by Democrats raced to the courthouse to try to stop enforcement of this regulation. A liberal judge in New York agreed and ruled that the regulation could not go into effect anywhere in the country. The administration appealed this to the Supreme Court, and this morning the court announced that it had ruled that the new regulations can go into effect while the regular appeals from the trial court proceed.
What does this mean? It's simple. The Court has given back to the executive branch of the government the ability to make rules without everything having to be approved by one court or another. The government is entitled to enforce new rules unless and until there is a final decision -- including all appeals -- finding that the regulation is improper. No longer can lower courts be used to enjoin laws or regulations on a nationwide basis.
Look, it's hard to imagine an impartial court finding that one is not a threat to become a public charge if one has been unable to support him or herself for at least 2/3 of the time. Nevertheless, the Dems found a judge willing to issue an injunction stopping such a regulation. Even worse, the Dems found a judge who would enjoin the use of that regulation anywhere in the USA. The Supreme Court is finally putting an end to this practice of out of control nationwide injunctions.
This is really good news.
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