February 22, 2020 - 01:43 PM EST Supreme Court allows public charge rule to take effect across country Greg Nash By J. Edward Moreno
The U.S. Supreme Court ruled in favor of the Trump administration in a case that contested the president's "public charge" rule, which critics have called a "wealth test" for legal immigrants.
The policy in question, the Immigration and Nationality Act, makes immigrants who are "likely at any time to become a public charge" ineligible for greencards. The policy virtually bars legal immigrants in the process of obtaining permanent legal status or citizenship from using public assistance, including Medicaid, housing vouchers and food stamps.
The case heard by the Court, Wolf v. Cook County, sought to reject the policy's effect in Illinois. The district court filed a preliminary injunction, which temporarily stalled the policy in the state and sent the case to the Supreme Court. On Friday, the five conservative justices ruled in favor of the stay, while the liberal justices opposed it.
The Supreme Court had previously voted 5-4 in January to lift a nationwide injunction imposed by a federal judge in New York while the case plays out in appeals court. Last week Solicitor General Noel Francisco sent a request asking the court to do the same for an injunction imposed by an Illinois district court.
Justice Sonia Sotomayor, an Obama appointee, later issued a dissenting opinion in which she accused the Court of having a tendency to rule in favor of the administration without critically examining the cases.
The Trump administration first introduced the rule in August and was immediately met by opposition from immigration advocates.
Director of US Citizenship and Immigration Services Ken Cuccinelli has described the rule as simply verifying that immigrants "can stand on their two feet."
The rule will go into effect nation-wide starting Monday.