Tuesday, April 14, 2020

New York State Challenge to Trump "Public Charge" Rule in Supreme Court: Immigrants Are Scared of Getting Coronavirus Treatment

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Amy Howe reports for SCOTUSBlog on the latest developments in the Supreme Court in a last ditch effort to derail the Trump administration's public charge rule

"In January, the Supreme Court – by a vote of 5-4 – granted a request by the Trump administration for permission to enforce the “public charge” rule governing the admission of immigrants to the United States while it appeals a pair of orders by a federal district court in New York. [Yesterday], a group of state and local governments challenging the rule, led by New York, asked the Supreme Court to temporarily block the government from implementing the rule until the COVID-19 crisis is over. The challengers argued that the rule is `impeding efforts to stop the spread of the coronavirus, preserve scarce hospital capacity and medical supplies, and protect the lives of everyone in our communities—citizens and noncitizens alike.'”

Hamed Aleaziz for Buzzfeed further explains the basis of the argument:

"Physicians hearing from immigrants that they fear seeking medical care for symptoms associated with COVID-19 . . . . Lawyers fielding questions from clients about whether seeking care for the disease puts their immigration status at risk. Community organizations answering calls from immigrants wondering whether even obtaining COVID-19 testing will impact their ability to stay in the country.

The detailed accounts from doctors, lawyers, and community organizations come from the New York state attorney general's filing with the Supreme Court on Monday in a lawsuit challenging the Trump administration’s sweeping policy that allows the government to deny permanent residency to immigrants who officials believe are likely to use public benefits, such as food stamps, housing vouchers, and Medicaid."

KJ

https://lawprofessors.typepad.com/immigration/2020/04/new-york-state-challenge-to-trump-public-charge-rule-in-supreme-court-immigrants-are-scared-of-getti.html

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