On Jan. 27, 2017, a federal court in New York issued the first emergency order forbidding federal agents at JFK Airport from putting the travel ban into effect and deporting Hameed Khalid Darweesh, an Iraqi who had just arrived on the special immigrant visa he received for assisting U.S. troops in Iraq. This week, exactly three years later, on Jan. 27, 2020, the Supreme Court went out of its way to chastise another federal court in New York.

The court issued a three-sentence order granting the Department of Homeland Security’s petition for a stay of the preliminary injunction against the new Trump Administration “public charge” regulation dramatically expanding the government’s power to deny benefits to immigrants. Last fall, after considering the arguments presented by the City and State of New York and those presented by DHS, Judge George Daniels, S.D.N.Y., ruled that the City and State of New York (and others) were likely to prevail on their arguments that the new regulation was procedurally and substantively defective. Accordingly, as is normal practice, Judge Daniels ruled that, as a preliminary matter, the new rule should not go into effect while the lawsuit is proceeding. The status quo, the “public charge” interpretation in use for more than 20 years, would remain in effect. If DHS prevails on the merits, the new “public charge” interpretation would go into effect. If the City and State of New York prevail, the preliminary injunction would become permanent.

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