Houston Chronicle

Immigratio­n rule on benefits tossed

- By Sophia Tareen

CHICAGO — A federal judge in Chicago struck down a key immigratio­n rule Monday that would deny green cards to immigrants who use food stamps or other public benefits, a blow to the Trump administra­tion on the eve of the election.

In a decision that applies nationwide, U.S. District Judge Gary Feinerman rejected the rule that had taken effect recently after the U.S. Supreme Court reversed a hold on the policy following lawsuits. Among other things, Feinerman said the rule violates the Administra­tive Procedure Act, which makes federal agencies accountabl­e to the public by outlining a detailed process for enacting regulation­s.

The decision marked the latest turn in a complex legal battle over the rule that has been among President Donald Trump’s most aggressive steps in overhaulin­g the nation’s immigratio­n system. The Chicago lawsuit, filed by the Illinois Coalition of Immigrant and Refugee Rights and Cook County, was among numerous legal challenges.

Under the Trump administra­tion policy, immigratio­n officials could deny permanent residency to legal immigrants over their use of food stamps, Medicaid, housing vouchers or other public benefits. Green card applicants had to show they wouldn’t be burdens to the country or “public charges.”

Federal law already required those seeking permanent residency or legal status to prove they wouldn’t be a “public charge.” But the Trump administra­tion rule included a wider range of programs that could disqualify them.

Immigrant rights advocates deemed it a “wealth test,” while public health experts said it would mean poorer health outcomes and rising costs as low-income migrants chose between needed services and their bid to stay in the country legally. Several cities said such a chilling effect was already evident.

Officials in Cook County, which runs one of the nation’s largest public health systems, argued that when people lack health care coverage, they’re less likely to seek preventati­ve care and rely on more expensive emergency care. That also would increase the risk of communicab­le diseases.

The Trump administra­tion has touted the rule as a way to ensure only those who are self-sufficient come to the U.S., one of many steps to try to move the country toward a system that focuses on immigrants’ skills instead of emphasizin­g the reunificat­ion of families.

Officials with the U.S. Department of Homeland Security and U.S. Immigratio­n and Citizenshi­p Services didn’t return messages seeking comment Monday.

If there’s an appeal, there could be another legal wrinkle in the case.

In June, the 7th U.S. Circuit Court of Appeals upheld Feinerman’s decision blocking enforcemen­t of the rule in Illinois while the merits of the case could be decided. It was a 2-1 decision, with then-Circuit Judge Amy Coney Barrett dissenting. Barrett was confirmed as a Supreme Court justice last month and would have to recuse herself if the case reached the nation’s highest court.

 ?? Eric Risberg / Associated Press ?? Migrants await cases in San Francisco. A judge has blocked a rule denying green cards to migrants who use Medicaid, food stamps or other assistance.
Eric Risberg / Associated Press Migrants await cases in San Francisco. A judge has blocked a rule denying green cards to migrants who use Medicaid, food stamps or other assistance.

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