Judges Skeptical of Defining 'Public Charge' in Trump Immigration Policy Fight
One judge seemed wary of creating a permanent definition for an immigration policy, comparing it to an accordion that should be "somewhat flexible simply because the needs of the country change."
May 08, 2020 at 12:57 PM
4 minute read
The original version of this story was published on National Law Journal
Judges on the U.S. Court of Appeals for the Fourth Circuit on Friday questioned the changing interpretation of a "public charge" under a Trump administration immigration policy and whether they had the authority to permanently define it.
A lawsuit brought by Georgetown Law's Institute for Constitutional Advocacy and Protection, on behalf of the group Casa de Maryland and several immigrants, challenged the administration's rule issued last year that makes it more difficult for noncitizen immigrants who receive public benefits to become permanent legal citizens. The challengers argue that impacted immigrants are withdrawing from benefits they need, such as food stamps, in order to meet the requirements.
On Friday, Justice Department lawyer Gerry Sinzdak urged the judges to reverse a preliminary injunction placed against the policy by U.S. District Judge Paul Grimm of Maryland. The Fourth Circuit previously stayed that ruling while the case went up on appeal.
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