Posted on Oct 12, 2019
Judge blocks Trump's rule to restrict green cards for legal immigrants on welfare
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Donald Trump
Immigration
Poverty
Justice
Law
Posted >1 y ago
Responses: 3
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Typical judges from New York, California, Washington and surprisingly Georgia acting as activists instead of interpreting the law for the best interests of the citizens, POTUS can deny entry to the USA for and reason, for any class of people, for an indefinite a amount of time, so why an issue now. Had it been previous "presidents" that enforced "public charge" in any way shape or form we wouldn't be having this conversation...
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MSgt Steve Sweeney
It would appear that you like to interpret the law yourself. Why should I trust your interpretation over a federal judge's?
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Capt Gregory Prickett
SSG Steven Mangus - that's not what was being addressed here. Trump was trying to do by regulation what he was not authorized to do by Congress, so the judge enjoined him from doing so.
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I have had to deal with green card application. The government wanted to know how a person would take care of themselves. If anyone trying to gain a green card can not take care of themselves by employment , or sponsor, the green card would not be given.
Is it safe to assume, the Judge thinks the American tax payer should be the sponsor of low income green card applicants?
Is it safe to assume, the Judge thinks the American tax payer should be the sponsor of low income green card applicants?
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Capt Gregory Prickett
No, why would you assume that? Judges make decisions based on the law. In this case, like many others, Trump violated the Administrative Procedures Act, or APA, in developing the regulation, going beyond what Congress has authorized.
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Cpl Mark A. Morris
Capt Gregory Prickett - Here is why.
The proposed ‘public charge’ rule – which amplifies an existing Department of Homeland Security policy that is seldom enforced – was announced by the Department of Homeland Security Sept. 23, and by US Citizenship and Immigration Services Sept. 24.
After it is entered into the Federal Register, the proposal will undergo a 60-day public comment period before the final rule is issued.
The proposed policy, for the first time, increases the financial levels applicants must meet in order to be eligible for a green card. Currently, sponsors of applicants must show that they meet 125 percent of the Federal Poverty Level. But the proposed rule could set this income threshold as high as 250 percent of the Federal Poverty Guidelines, about $52,000 annually for a couple with one child.
The proposed ‘public charge’ rule – which amplifies an existing Department of Homeland Security policy that is seldom enforced – was announced by the Department of Homeland Security Sept. 23, and by US Citizenship and Immigration Services Sept. 24.
After it is entered into the Federal Register, the proposal will undergo a 60-day public comment period before the final rule is issued.
The proposed policy, for the first time, increases the financial levels applicants must meet in order to be eligible for a green card. Currently, sponsors of applicants must show that they meet 125 percent of the Federal Poverty Level. But the proposed rule could set this income threshold as high as 250 percent of the Federal Poverty Guidelines, about $52,000 annually for a couple with one child.
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Capt Gregory Prickett
Cpl Mark A. Morris - correct, and that's not something that Congress has authorized. Have you read the opinion? The judge pointed out that Congress has not passed anything that was close to what Trump was doing, and that the Trump rule was not supported by any "reasonable" explanation.
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