Breaking: White House statement on Supreme Court victory

Earlier today a majority of the justices on the Supreme Court of the United States gave the government the go-ahead to enforce the "public charge" rule pending appeals.

Amy Howe of SCOTUSblog wrote:

"The rule that the government will now be able to enforce interprets a provision of federal immigration law that bans non-citizens from receiving a green card if the government believes that they are likely to become a “public charge” – that is, reliant on government assistance. In August 2019, the Department of Homeland Security defined “public charge” to refer to non-citizens who receive a variety of government benefits, including cash, health care or housing, for more than 12 months over a three-year period. The rule also considers factors such as age, employment history and finances to determine whether a non-citizen might become a public charge in the future."

Here's the link to a short five-page order.

Just minutes ago, the Office of the Press Secretary for President Trump put out this statement:

Office of the Press Secretary

FOR IMMEDIATE RELEASE

January 27, 2020

Statement from the Press Secretary on Supreme Court Victory
Today’s stay from the Supreme Court is a massive win for American taxpayers, American workers, and the American Constitution. This decision allows the Government to implement regulations effectuating longstanding Federal law that newcomers to this country must be financially self-sufficient and not a “public charge” on our country and its citizens. Two courts of appeals had already ruled that the Government should be able to implement these regulations, but one single district judge’s nationwide injunction remained. As two Justices pointed out today, the expanding practice of district courts entering nationwide injunctions raises real problems about the proper power of a judge to decide only the case before him or her.

Ninth Circuit paves the way for implementing public charge statute, but....

Earlier this morning White House Press Secretary Stephanie Grisham issued a press release announcing the Ninth Circuit lifted two district court injunctions, paving the way for the Trump Administration implementation of a statute passed by Congress. For over a century that statute declared any alien who is likely to become a public charge is inadmissible to the United States.

However, two other nationwide injunctions issued by individual district court judges in New York and Maryland remain and those orders prevent the regulation from being applied anywhere—even in the Ninth Circuit. 

Office of the Press Secretary FOR IMMEDIATE RELEASE December 6, 2019

Statement from the Press Secretary Yesterday, the Ninth Circuit lifted two district court injunctions and held that the Trump Administration should be able to enforce a regulation implementing a statute passed by Congress that has declared for over a century that any alien who “is likely at any time to become a public charge is inadmissible.”  The new regulation replaced guidance issued by the Clinton Administration in 1999 that had unduly narrowed the Federal statute.  The Ninth Circuit has rightly recognized the Administration's authority to adopt an interpretation of the “public charge” restriction more faithful to and consistent with the scope of the statute passed by Congress. Unfortunately, as a practical matter, the ruling has accomplished nothing to vindicate the rule of law due to the destructive practice of individual district judges taking over national policy issues by issuing nationwide injunctions.   Although the Ninth Circuit lifted the two injunctions issued by district courts within the Ninth Circuit, two other nationwide injunctions have been issued by individual district judges in New York and Maryland—and those orders prevent the regulation from being applied anywhere—even in the Ninth Circuit.  In practical effect, nationwide injunctions give any district judge the power to tell a panel of a Federal court of appeals that its ruling does not matter and that it cannot affect the actual implementation of the law.  Such subversions of the rule of law must come to an end.  The judicial system must address the grave danger that nationwide injunctions present and ensure that district courts do not grossly overstep the role the Founders intended in our careful system of checks and balances.