From the Washington Post:
By Robert Barnes and Maria Sacchetti
Jan. 27, 2020 at 3:54 p.m. PST
The Supreme Court on Monday allowed the Trump administration to begin implementing new “wealth-test” rules making it easier to deny immigrants residency or admission to the United States because they have or might use public-assistance programs.
The decision, issued in response to an emergency petition made by the administration, lifts a nationwide injunction imposed by a district judge in New York. That means the government can begin applying the new standards, which critics say would place a burden on poor immigrants from non-English speaking countries, while legal challenges continue in lower courts. ..
All four of the court’s liberal justices — Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan — noted their disagreement. Neither side explained its reasoning, which is not uncommon in such emergency motions.
Let me guess what an opinion by the losing 4 would include … “Statue of Liberty” … “American Dream … “wretched refuse” … “not who we are!” … “discrimination” … “civil rights” … “Emmett Till” … It would be like a Christopher Caldwell fever dream.
According to the new policy, immigrants would be suspect if they are in the United States legally and use public benefits — such as Medicaid, food stamps or housing assistance — too often or are deemed likely to someday rely on them. The new criteria provide “positive” and “negative” factors for immigration officials to weigh as they decide on green-card applications. Negative factors include whether a person is unemployed, dropped out of high school or is not fluent in English.
It’s like Moneyball for immigration or how college admissions work: you look at applicants and pick the ones likely to turn out the best for you and yours. But baseball and college are not who we are. Instead, playing the chump for the rest of the world is who we are.
Or at least a big fraction of the Supreme Court seem to feel that way, as does just about everybody with a hand on The Megaphone.
“It’s a sad day in America when the U.S. Supreme Court affirms a completely discriminatory policy that measures the worth of a person — not by the strength of his or her character — but by the size of the person’s bank account,” said a statement from the National Partnership for New Americans. …
Federal officials say the rule ensures that immigrants can cover their own expenses in the United States without burdening taxpayers for food, housing and other costs. U.S. officials note that the change is not retroactive and exempts refugees and asylees who fled persecution for safety in the United States.
Lawsuit says Trump’s green-card rules show preference for ‘the wealthy and the white’ …
Daniels declared the proposed change would be “repugnant to the American Dream of the opportunity for prosperity and success through hard work and upward mobility.” …
Francisco has complained to the Supreme Court before about such nationwide injunctions, and he is finding at least some of the justices receptive.
Gorsuch filed a separate opinion, joined by Thomas, that said lawyers are racing to courts around the country hoping to get a stay from one judge that can shut down an entire program. …
But Leopold said he worried that “the Supreme Court has become a virtual agency of the Trump administration” on immigration …
Among those affected will be people of color and people with disabilities, lawyers said.