Ongoing.
The DOJ is in court to defend a change to the “public charge” rule that would dramatically spike the hurdle for the poor to immigrate to the United States.
SDNY joined their recent motion.
@NewYorkStateAG and civil rights groups oppose.
Covering for @CourthouseNews.
The DOJ is in court to defend a change to the “public charge” rule that would dramatically spike the hurdle for the poor to immigrate to the United States.
SDNY joined their recent motion.
@NewYorkStateAG and civil rights groups oppose.
Covering for @CourthouseNews.
An attorney for @MaketheRoadNY tells a federal judge that Trump’s DHS changes the “public charge” definition in place for a century from a “low bar” to a “high barrier.”
Note: The “public charge” rule relates to standards for lawful permanent residents (ie, to obtain a green card).
An assistant NYAG called the sought/after change “draconian.”
An assistant NYAG called the sought/after change “draconian.”
Attorney for @theCCR says the public charge rule has a “racially discriminatory purpose” designed to “decrease the presence of non-white immigrants in the United States.”
Judge gives DOJ a tough time in oral arguments over the “public charge” immigration rule change.
“You have to give me some sort of rational basis.”
While DOJ claims precedent, Daniels emphasizes: “That’s never been the rule. This is a new rule.”
(Hearing continues.)
“You have to give me some sort of rational basis.”
While DOJ claims precedent, Daniels emphasizes: “That’s never been the rule. This is a new rule.”
(Hearing continues.)
Multiple laws, including the Welfare Reform Act, allow immigrants to retain public benefits. DHS wants to declare receipt of these benefits makes an applicant a public charge.
“Congress has said that these are benefits that you’re entitled to if you need it,” Judge Daniels said.
“Congress has said that these are benefits that you’re entitled to if you need it,” Judge Daniels said.
Asked why that receipt would make someone a public charge, DOJ attorney gets tautological: “I think it’s because that person has become a charge upon the public.”
To say Judge Daniels appears skeptical of these arguments would be an understatement.
Persistent grilling.
To say Judge Daniels appears skeptical of these arguments would be an understatement.
Persistent grilling.
By the way, Daniels is the judge who threw out the emoluments suit initially, and so his line of questioning here is particularly notable.
5-minute recess.
Generally, one can’t predict a case by a judge’s pointed questions and remarks at oral arguments.
With that disclaimer: It looks like a bloodbath.
Judge Daniels: “Congress isn’t passing this rule. Congress isn’t changing this rule. You’re changing this rule.”
Generally, one can’t predict a case by a judge’s pointed questions and remarks at oral arguments.
With that disclaimer: It looks like a bloodbath.
Judge Daniels: “Congress isn’t passing this rule. Congress isn’t changing this rule. You’re changing this rule.”
DOJ attorney suggested that being in a wheelchair could factor into a determination an immigrant is likely to become a public charge, & a low credit score may suggest not “financially responsible” applicants
Daniels, skewering: “Poor people are likely to become a public charge.”
Daniels, skewering: “Poor people are likely to become a public charge.”
After more than 4 hours, the hearing ends without a decision.
Judge Daniels said he will aim for a ruling before the end of the week.
Judge Daniels said he will aim for a ruling before the end of the week.
