CHICAGO, United States (CMC) — A United States federal judge has again prohibited enforcement of a Trump administration policy that makes it more difficult for Caribbean and other immigrants to obtain green cards if they rely on public benefits such as food stamps or housing vouchers.
In a 14-page decision on Monday, Judge Gary Feinerman of the US District Court for the Northern District of Illinois ruled that Trump’s institution of the Public Charge rule far outweighed the executive branch’s authority.
Judge Feinerman cited a previous ruling by the US Court of Appeals for the Seventh Circuit that determined that Trump’s interpretation of the public charge statute did “violence to the English language and the statutory context”.
That court had also ruled that the US Department of Homeland Security did not possess “unfettered discretion” to change the public charge policy, in spite of “ambiguity” in the provision.
In his ruling, Judge Feinerman vacated the Public Charge rule on two grounds while, at the same time, permitting the plaintiffs to proceed in pursuing a third claim — that the rule was discriminatory under the equal protection clause of the US Constitution, because it was grounded in bias against non-white immigrants.
The US Department of Homeland Security claimed that the rule should only be vacated in Illinois, but Judge Feinerman ruled that the Trump administration had conceded that it had violated the Administrative Procedure Act (APA) and that the rule must be set aside in full when that happens.
“By the APA’s plain terms, an agency rule found unlawful in whole is not set aside just for certain plaintiffs or geographic areas; rather, the rule shall be set aside, period,” Judge Feinerman wrote.
In September last year, Judge Feinerman ruled against the Public Charge rule when Cook County, Illinois first filed a lawsuit against the US Department of Homeland Security and US Citizenship and Immigration Service, as well as the Illinois Coalition for Immigrant and Refugee Rights (ICIRR), a local immigrant rights group.
Cook Country argued that the Public Charge rule was “discriminatory” and “arbitrary”, and that it caused Caribbean and other immigrants not to seek important services, such as emergency medical care, because they feared being deported.
On October 14, 2019, just a day before the Public Charge rule was to go into effect, Judge Feinerman ruled in favour of Cook County and ICIRR.
But, in February this year, the US Supreme Court overruled judge Feinerman’s decision, staying the injunction until the results of the federal government’s appeal is determined.
Four months later, the Chicago-based Seventh Circuit Appeals Court temporarily prohibited the Trump administration from instituting the rule, adopted under the Immigration and Nationality Act of 1965, which would permit the administration to deny visas and green cards to Caribbean and other immigrants who it views are likely to depend on public assistance.
The appeals court ruled that “Cook County adequately established its right to bring its claim”, adding that “the district court did not abuse its discretion by granting preliminary injunctive relief”.
In his ruling on Monday, Judge Feinerman vacated the Public Charge rule in full across America, gave summary judgment to Cook County and permitted the ICIRR’s equal protection suit against Trump administration to continue.
The Trump administration is expected to appeal the ruling, with the matter reaching the US Supreme Court.
