U.S. court won't let enforce 'public charge' immigration rule

By Mica Rosenberg and Jonathan Stempel

NEW YORK (Reuters) - A federal appeals court on Wednesday refused to set aside an injunction blocking the administration from enforcing a rule that would withhold green cards from immigrants likely to require government assistance such as Medicaid or food stamps.

In a brief order, the 2nd U.S. Circuit Court of Appeals in Manhattan also set an expedited schedule for the White House's appeal of a lower court ruling against the rule, with legal papers to be submitted by Feb. 14 and oral arguments to be held soon afterward.

The "public charge" rule unveiled last year would make it harder for immigrants who are poor or need government help to secure residency and stay in the country.

Critics have said the rule would keep out disproportionately large numbers of people from Latin American, African and Asian countries.

Neither the U.S. Department of Justice nor the U.S. Department of Homeland Security immediately responded to requests for comment.

The office of New York state Attorney General Letitia James, which led opposition to the rule, did not immediately respond to similar requests.

President Donald has made immigration a centerpiece of his administration and 2020 re-election campaign, and the public charge rule has been among his signature policies to curtail immigration.

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Several lawsuits challenging the rule are pending. Two other federal appeals courts previously ruled for the administration by staying nationwide injunctions ordered by lower courts, while a third appeals court set aside an injunction covering Illinois.

Because the New York case also involved a nationwide injunction, Wednesday's order means the rule cannot be enforced anywhere despite those earlier rulings.

When U.S. District Judge George Daniels in Manhattan ordered an injunction on Oct. 11, he called the rule "repugnant to the American Dream" and a "policy of exclusion in search of a justification."

The case is New York et al v U.S. Department of Homeland Security et al, 2nd U.S. Circuit Court of Appeals, No. 19-3591.

Story continues

(Reporting by Mica Rosenberg and Jonathan Stempel in New York; editing by Jonathan Oatis)

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