Posted on November 6, 2020

Trump Immigration Rule Takes Effect Again During Appeal

Sophia Tareen, Associated Press, November 4, 2020

A federal appeals court has allowed a Trump administration rule that would deny green cards to immigrants who use public benefits like food stamps to go back into effect while it considers the case.

The Election Day development was the latest dizzying twist in a legal battle over the controversial rule that the Trump administration argues helps ensure those who are self-sufficient come to the country.

On Monday, U.S. District Judge Gary Feinerman in Chicago struck down the rule and U.S. Citizenship and Immigration Services stopped applying it to pending applications. Government attorneys appealed, and the 7th U.S. Circuit Court of Appeals put a hold on the ruling the next day, allowing the restrictions to take effect again.


Under the Trump administration rule, officials can deny permanent residency to legal immigrants over their use of food stamps, Medicaid or other public benefits. Green card applicants must show they wouldn’t be burdens to the country, or “public charges.”


Democrat Joe Biden has promised to end the policy if he’s elected president.

The rule has already been heavily litigated.