OVERTURNED

Judge Strikes Down Trump Rule Denying Green Cards to Immigrants Who Might Need Public Benefits

A federal judge in Chicago vacated the “public charge” rule that made it easier to deny green cards to immigrants who might need public benefits.

A federal judge in Chicago struck down one of President Trump’s most aggressive immigration policies that made it possible for immigrants to be denied green cards if they were deemed likely to need food stamps or other public benefits. The “public charge” rule had recently taken effect in September after the 2nd Circuit Court of Appeals overruled a New York federal judge. Under the policy, immigration officials could deny permanent residency to green card applicants if they were “more likely than not” to receive government assistance for more than 12 months within any 36-month period. Although federal law already requires applicants to prove they would not be a “public charge,” the Trump administration’s policy changes how immigrants are evaluated and expanded the range of programs that could disqualify someone. Immigrant rights advocates called the expansion a “wealth test.” In his ruling, Judge Gary Feinerman of the U.S. District Court for the Northern District of Illinois said the rule was “arbitrary and capricious” because of its “numerous unexplained flaws.”