Trump’s ‘Public Charge’ Rule OK to Proceed

Roy Maurer By Roy Maurer August 6, 2020
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immigration line

​The U.S. Court of Appeals for the 4th Circuit ruled Aug. 5 that the Trump administration may implement its so-called public charge rule barring permanent U.S. residency to immigrants deemed likely to use public assistance programs.

We've rounded up resources and articles from SHRM Online and other outlets to provide context.

Courts Split on Policy

The 4th Circuit decision reverses a federal court's ruling that blocked the policy and comes one day after the 2nd Circuit appeals court ruled against the administration in a similar challenge.

(The Washington Post)

SCOTUS Passes

The U.S. Supreme Court blocked lower court injunctions against the policy's enforcement in January and denied a bid to rule on the issue in April.

(Bloomberg)

Enforcement Halted in 2019

Three federal courts prevented the Trump administration from enforcing the policy initially scheduled to go into effect in October 2019.

(SHRM Online)

Foreign Workers Need Not Worry

The 2019 rule is an update to an 1882 law and Clinton-era regulations expanding the definition of who can be disqualified from immigrating to the U.S. due to a lack of financial self-sufficiency. Employment-based immigrants to the U.S. are unlikely to be negatively impacted by the rule, other than being subject to additional information collection and paperwork.

That's because foreign national workers sponsored by U.S. employers are not generally eligible for public benefits and either sit above the annual income threshold or are not eligible for green cards.

(SHRM Online)

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