…from the Law.Com…
A panel of the U.S Court of Appeals for the Second Circuit pushed back Tuesday on the Trump administration’s efforts to set aside a nationwide injunction against its proposed public charge rule, which would make it easier for the federal government to deny legal status to immigrants who may be eligible for public benefits.
Judges from the Manhattan-based appeals court pressed Justice Department attorney Daniel Tenny on the administration’s claims that it would suffer irreparable harm unless the order was lifted. So far, two circuit courts in California and Washington have lifted similar injunctions entered by lower courts, but a federal appeals court in Illinois denied the government’s request for a stay in that state.
A contingent of state attorneys general, led by New York Attorney General Letitia James, and a coalition of immigrants rights groups last year sued over the proposed rule change, which would alter the definition of public charge, a designation that has historically referred to individuals who are “predominantly reliant on government aid” for an extended period of time.
Under the new rule, immigrants who receive one or more designated public benefits, such as Medicaid, food stamps and housing subsidies, for an aggregate of 12 months during a three-year period would be more likely to be deemed a public charge. According to the plaintiffs, the change was targeted at racial minorities and prevent them from applying for benefits they would otherwise be entitled to.
U.S. District Judge George B. Daniels in October expressed skepticism about the motive behind the rule and blocked its implementation….