A U.S. Federal Court has pulled the brakes on President
Donald Trump’s “public charge” policy that seeks to bar poor immigrants from
living in the country.
Under the rule, which has two versions, immigrants cannot
get green cards or visas if immigration officials establish they would depend
on public benefits like food stamps.
The version pertaining to permanent residency is being
implemented by Department of Homeland Security, while the Department of State
enforces the part that applies to visa applicants.
The Department of Homeland Security started enforcing the
policy in February.
But in two rulings on Thursday, Justice George Daniels of
the district court in New York, ordered the administration to suspend the rule
due to the coronavirus pandemic.
Noting the additional risk posed by the virus, Daniels
specifically ordered the rule be put on hold for immigrants residing legally in
the U.S. until the end of the COVID crisis.
In spite of several legal challenges, the Trump
administration has been trying to expand the policy to Medicaid and certain housing
benefits.
In March, the Citizenship and Immigration Services issued a
notice explaining that immigrants seeking treatment for coronavirus would not
be affected.
But the judge dismissed the clarification as “plainly
insufficient”, noting that confusion might arise if Medicaid was used for
treatment of illnesses in addition to coronavirus.
“This chilling effect, in turn, undoubtedly hampers efforts
to contain the virus and protect the public health of residents across the
country,” Daniels wrote in his order.
Daniels also said the administration went too far in
effectively redefining what it means to be a “public charge.”
The judge declared that the expanded list of poverty
assistance programme was “plainly outside the bounds” of the law.
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