{"id":21212,"date":"2020-01-27T14:12:56","date_gmt":"2020-01-27T22:12:56","guid":{"rendered":"https:\/\/www.nilc.org\/?p=21212"},"modified":"2020-01-28T11:08:10","modified_gmt":"2020-01-28T19:08:10","slug":"scotus-allows-administration-to-implement-pubcharge-reg","status":"publish","type":"post","link":"https:\/\/www.nilc.org\/2020\/01\/27\/scotus-allows-administration-to-implement-pubcharge-reg\/","title":{"rendered":"Supreme Court Ruling Allows Trump Administration to Implement Anti-Immigrant Regulation While Challenges Are Heard"},"content":{"rendered":"
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FOR IMMEDIATE RELEASE<\/strong>
\nJanuary 27, 2020 (posted edition revised Jan. 28, 2020)<\/em><\/p>\n

CONTACT<\/strong>
\nHayley Burgess, NILC, 202-805-0375, media@nilc.org<\/a>
\nBarbara Semedo, CLASP, 202-906-8010, bsemedo@clasp.org<\/a><\/span><\/p>\n

Supreme Court Ruling Allows Trump Administration to Implement Anti-Immigrant Regulation While Challenges Are Heard<\/h1>\n

WASHINGTON, DC \u2014 The U.S. Supreme Court today temporarily lifted nationwide court orders blocking implementation of the Trump administration\u2019s public charge regulation<\/a>, allowing this widely opposed wealth test to take effect while several cases challenging the legality of the rule make their way through the courts. That regulation threatens the health, nutrition, and housing of families \u2014 overwhelmingly families of color \u2014 all over the country. The multiple lawsuits challenging the regulation will still have to be decided by their merits, and the regulation may be overturned by courts hearing those cases.<\/p>\n

Few people who are subject to the public charge qualify for public programs covered by the regulation, but the regulation\u2019s expanded criteria, including age, credit score, and disability, are likely to harm many. The regulation has already done considerable harm, generating fear that has driven immigrant families to forego assistance for which they qualify. In addition to the first\u00a0uptick in America\u2019s child uninsured rate<\/a> in more than a decade, the Kaiser Family Foundation has reported that about half of community health centers reported people declining or canceling coverage<\/a> because of the public charge regulation. Anecdotal accounts nationwide suggest similar harm with respect to anti-hunger programs. Experts expect the fear resulting from today\u2019s ruling will deepen the \u201cchilling effect.\u201d<\/p>\n

The two injunctions that were stayed today are Make the Road New York v. Cuccinelli<\/em> and New York v. Department of Homeland Security<\/em>. In a 5-4 ruling, the justices did not focus significantly on the merits of the underlying suit. A written concurrence by Justices Gorsuch and Thomas questioned the propriety of nationwide injunctions in general.<\/p>\n

\u201cNearly every sector of society has gone on record in opposition to this morally repugnant and legally dubious regulation, and for good reason: its implementation will hurt countless of immigrant and citizen families, and we\u2019re all worse off as a result,\u201d said Marielena Hincapi\u00e9, executive director of the National Immigration Law Center. \u201cThis move by the Supreme Court is deeply disheartening and harmful for our low-income communities of color and our democracy. But it only strengthens our resolve to continue to fight \u2014 both in the courtroom and along with our communities \u2014 for a future in which every family can thrive.\u201d<\/p>\n

\u201cThe regulation itself directly affects benefit use by only a small number of people, but the Trump administration is counting on fear to amplify the harm,\u201d said Olivia Golden, executive director of the Center for Law and Social Policy. \u201cThe administration disregarded the law, the facts, and the voice of the American people to advance a brutal attack on millions of children and their families. Don\u2019t let them win \u2014 fight fear with facts and make the best decision to protect your family. This regulation has already fueled fears that could cost millions their food, medical care, and homes\u201d<\/p>\n

The public charge regulation was finalized by the U.S. Department of Homeland Security in August 2019 despite a record-breaking 266,000 public comments having been received about it, the vast majority in opposition. It represents a drastic departure from how the public charge test was previously administered and is opposed by experts in fields ranging from health to education and economics.<\/p>\n

The DHS regulation is much narrower than early drafts<\/a> leaked by the administration in 2018, applying in its final form to only a few specific public programs and a small segment of people. It is also one among many Trump policies targeting immigrant families of color. Others advanced by Trump\u2019s State Department, Census Bureau, Department of Housing and Urban Development, Agriculture Department, and immigration enforcement agencies, among others<\/a>, have contributed to the harm.<\/p>\n

\u201cThe public charge regulation is ultimately about disenfranchising low-income communities of color. Trump has launched a governmentwide assault on families of color, and we must meet that challenge with an equally massive resistance,\u201d said Hincapi\u00e9. \u201cAs a Latina and as an immigrant, I know that my community will continue to fight back against Trump\u2019s attacks on our communities. We urge our allies to join the fight to protect immigrant families.\u201d<\/p>\n

# # #<\/p>\n

The following changes were made to the posted edition of this news release on Jan. 28: The first sentence of the second paragraph was deleted and two new sentences added in its place. A new sentence was added to the beginning of paragraph three (to provide the names of the two cases). And the first sentence of the quotation from Olivia Golden (paragraph five) was slightly revised.<\/em><\/p>\n[\/vc_column_text][\/vc_column_inner][vc_column_inner width=”1\/4″ css=”.vc_custom_1446077129866{margin-top: -15px !important;}”][vc_widget_sidebar sidebar_id=”sidebar-1″][\/vc_column_inner][\/vc_row_inner][vc_row_inner][vc_column_inner el_class=”” width=”1\/1″][\/vc_column_inner][\/vc_row_inner][\/vc_column][\/vc_row]\n<\/div>","protected":false},"excerpt":{"rendered":"

[vc_row el_class=”holder” css=”.vc_custom_1444345515294{margin-top: -75px !important;}”][vc_column width=”1\/1″][vc_row_inner][vc_column_inner el_class=”” width=”1\/1″][\/vc_column_inner][\/vc_row_inner][vc_row_inner][vc_column_inner el_class=”” width=”3\/4″][vc_column_text] FOR IMMEDIATE RELEASE January 27, 2020 (posted edition revised Jan. 28, 2020) CONTACT Hayley Burgess, NILC, 202-805-0375, media@nilc.org Barbara Semedo, CLASP, 202-906-8010, bsemedo@clasp.org Supreme Court Ruling Allows Trump Administration to Implement Anti-Immigrant Regulation While Challenges Are Heard WASHINGTON, DC \u2014 The U.S. Supreme Court today […]<\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[133,2],"tags":[],"_links":{"self":[{"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/posts\/21212"}],"collection":[{"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/comments?post=21212"}],"version-history":[{"count":9,"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/posts\/21212\/revisions"}],"predecessor-version":[{"id":21222,"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/posts\/21212\/revisions\/21222"}],"wp:attachment":[{"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/media?parent=21212"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/categories?post=21212"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/tags?post=21212"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}