Under the public charge rule proposed last August by the U.S. Citizenship and Immigration Services, the Trump administration expanded the criteria deeming green card-seeking immigrants as "public charges" if, by their metric, these people were considered likely to use a wide range of benefits such as food stamps, Medicaid and housing assistance in the future.
The justices' order came by a 5-4 vote and reversed a ruling from the 2nd United States Circuit Court of Appeals in NY that had kept in a place a nationwide hold on the policy following lawsuits that have been filed against it.
"We are pleased to see the Supreme Court take a step forward in the way they have done it here", said Cuccinelli, who is now the acting assistant secretary of Homeland Security, on Monday. Solicitor General Noel Francisco appealed that ruling to the Supreme Court, asking the justices to allow the rule to go into effect while the appeals process played out.
The public charge rule has faced fierce opposition from immigrant activists, as well as many Democrats - who have opposed measures to limit welfare for immigrants, while also calling for the extension of various forms of government aid to illegal immigrants as well.
At issue is which immigrants will be granted legal permanent residency, known as a "green card".
The administration can now enforce the rule nationwide except in IL, where a lower court has blocked its implementation.
The administration has said the new rule is necessary to better ensure that immigrants will be self-sufficient.
But it only counted cash benefits, such as temporary help to needy families or additional social security income.
Trump has made his tough immigration stance a hallmark of his presidency and his re-election campaign in 2020. But US guidelines in the country for the past two decades had said that immigrants would likely become largely dependent exclusively on direct cash assistance or long-term institutionalization, in a nursing home for example, at government expense would be banned under " public upload ".
The high court could give Trump more victories on immigration policy. "It makes it harder for working class people to immigrate to or stay in the United States".
The court in 2018 upheld Trump's "travel ban" targeting people from several Muslim-majority countries.
The five-page decision penned by Justice Neil Gorsuch, reasoned that the district court's nationwide injunction was too broad in scope, preventing the government from enacting its policy against those not involved in the litigation. They urged the Supreme Court to intervene at a "convenient time" to consider a case concerning the "escalation" of national injunctions.
U.S. District Judge George B. Daniels in NY issued an order to block implementation of the new rules proposed in October, which establish new criteria for classifying someone as a public charge, which would make the individual ineligible for a green card or path to citizenship.
He said it creates "gamesmanship and chaos" in the courts, with both sides playing a game of chess as they try to advance or defense positions in multiple courts.