Saturday, February 22, 2020
New Public Charge Rule in Effect Nationwide: 5-4 Supreme Court grants U.S. government’s stay request on “public charge” rule for Illinois
Amy Howe for SCOTUSBlog reported yesterday on the Supreme Court's latest immigration matter. Recall that, last month, the Court granted the U.S. government’s request for permission to enforce the Trump administration's new “public charge” rule, which, among other things, prohibits the admission of immigrants if they are found "likely" to, at some time, receive public assistance of some sort. (Click here for a further explanation of the new rule.). That ruling put on hold orders by a federal district court in New York, which had blocked the government from enforcing the rule anywhere in the nation. Late yesterday, The Court by a 5-4 vote allowed the U.S. government to enforce the new publioc charge rule in Illinois while it appeals an injunction prohibiting enforcement of the new rule in that state. Three members of the court’s liberal wing – Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor – would have denied the U.S. government’s request. Justice Sonia Sotomayor's dissent was sharply critical of both the U.S. government and her colleagues.
UPDATE (Feb. 23): Immigration Courtside reviews Justice Sotomayor's dissent and criticizes the Roberts Court ruling in the case.