The Supreme Court granted a stay Jan. 27, allowing the Trump administration to enforce its new "public charge" policy everywhere except Illinois while courts sort out the associated legal challenges.
The rule expands the definition of who is considered a public charge, allowing the federal government to deny immigrants permanent residency status for using public benefits like Medicaid. If an immigrant has used public benefits for 12 months or more in the previous three-year period, their application for a green card would be denied. Benefits are counted cumulatively under the new rule, so if a person uses Medicaid and food stamps for one month, it counts as two months of benefits use. Due to the inclusion of Medicaid, the rule is controversial among healthcare leaders. Critics say it may deter people from seeking necessary medical care.
The Jan. 27 decision comes after the Justice Department asked the Supreme Court to lift a nationwide ban on implementation of the rule while it is being debated in courts. The injunction was issued by a panel of federal judges in New York. A smattering of other regional injunctions around the country have also been lifted. Only one injunction, issued by the Northern District of Illinois and applying only to the state, remains in place.
The White House called the move a "massive win for American taxpayers, American workers and the American Constitution" in a statement from Press Secretary Stephanie Grisham.
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