Several injunctions that were blocking the Trump administration from implementing its new public charge rule have been lifted by a federal appeals court. However, the three judges on the panel were divided in their decisions after voting 2-1 to stay preliminary injunctions issued by federal judges in Oakland, CA, and Spokane, WA.
Two of the judges on the 9th Circuit panel agreed that the Trump administration would likely be able to sufficiently prove that it has the legal authority to issue regulations to expand the definition and criteria for determining when a person is likely to become dependent on public assistance.
In the decision, Judge Jay Bybee and Judge Sandra Ikuta wrote, “We find that the history of the use of ‘public charge’ in federal immigration law demonstrates that ‘public charge’ does not have a fixed, unambiguous meaning. Rather, the phrase is subject to multiple interpretations, it in fact has been interpreted differently, and the Executive Branch has been afforded the discretion to interpret it.”
Judge Bybee also wrote a separate, five-page coda that condemned Congress for being inactive on immigration issues for the past decade. “It matters not to me as a judge whether Congress embraces or disapproves of the administration’s actions, but it is time for a feckless Congress to come to the table and grapple with these issues,” wrote Bybee.
Despite the injunctions being lifted, the administration’s pubic charge policy is still on hold due to other injunctions handed down by judges in Maryland and New York City.
Dedicated Immigration Lawyers Serving Boca Raton
While this recent ruling is a setback for immigrants’ rights, we will be keeping a close eye on what other courts have to say about the Trump administration’s authority to implement its plan to punish immigrants who rely on government programs like food stamps or Medicaid.
At Guerra Sáenz, PL, our team of skilled lawyers is here to assist you with all matters related to immigration. Whether you need help fighting deportation orders or applying for citizenship, we can deliver the top-notch representation you need to make sure your rights are protected.
To request a consultation with a lawyer at our firm, give us a call today at (888) 936-3228.