Appeals court hands Trump partial win over 'public charge' rule for immigrants
Added 12-06-19 01:58:02pm EST - “A federal appeals court on Thursday delivered a partial legal victory to the Trump administration,? lifting? an injunction blocking their "public charge" rule,? which links immigrants' legal status to whether” - Thehill.com
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A federal appeals court on Thursday delivered a partial legal victory to the Trump administration, lifting an injunction blocking their "public charge" rule, which links immigrants' legal status to whether they obtain federal benefits.
In a 2-1 ruling on Thursday, a three-judge panel of the Ninth Circuit Court of Appeals lifted two of four lower court injunctions against the rule. However, the policy still cannot take effect because of two separate nationwide injunctions.
"An agency has broad discretion to administer the programs entrusted to it by Congress," wrote Judge Jay Bybee, a George W. Bush appointee. "We are not the proper foil to this or any other administration as it crafts our immigration policies.
"By constitutional design, the branch that is qualified to establish immigration policy and check any excesses in the implementation of that policy is Congress," he added.
The decision by the appeals court, based in San Francisco, lifts injunctions entered by district judges under its jurisdiction in Oakland, Calif., and Spokane, Wash. But the ruling does not extend to separate injunctions that federal judges in New York and Maryland ordered ahead of the policy’s Oct. 15 effective date, creating a complicated legal situation.
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