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San Francisco sues Trump administration over rule to limit legal immigration

Published 08/14/2019, 01:26 AM
Updated 08/14/2019, 01:26 AM
© Reuters. Information packs are distributed by the U.S. Citizenship and Immigration Services following a citizenship ceremony at the John F. Kennedy Presidential Library in Boston

(Reuters) - The city of San Francisco and nearby Santa Clara County sued President Donald Trump's administration on Tuesday, seeking to block a new rule that would drastically reduce legal immigration by denying visas to poor migrants.

Some experts say the new rule could cut legal immigration in half by denying visas and permanent residency to hundreds of thousands of people if they fail to meet high enough income standards or if they receive public assistance such as welfare, food stamps, public housing or Medicaid.

"This illegal rule is just another attempt to vilify immigrants," San Francisco City Attorney Dennis Herrera said in a statement. Trump has made efforts to curb both legal and illegal immigration, an issue he has made a cornerstone of his presidency and one that he has stressed again as the campaign for the 2020 presidential election heats up.

The rule, unveiled on Monday and to take effect Oct. 15, expands the definition of a public charge, allowing denials to visa applicants who fail to meet income requirements or who receive public assistance.

"The final rule rejects the longstanding, existing definition of public charge, and attempts to redefine it to include even minimal use of a much wider range of non-cash benefits," said the lawsuit, filed in U.S. District Court in San Francisco.

"The final rule will worsen the health and well-being of the counties' residents, increase risks to the public health, undermine the counties' health and safety-net systems, and inflict significant financial harm," the suit said.

San Francisco is both a city and a county. Santa Clara County includes the city of San Jose and various other parts of Silicon Valley.

The suit names U.S. Citizenship and Immigration Services, the Department of Homeland Security and their directors as defendants. The former agency declined to comment and the latter did not immediately respond to a request for comment.

The suit claims the new rule violates the Immigration and Nationality Act of 1965 by contradicting the longstanding definition of public charge as a person "primarily" dependent on public assistance for survival.

The suit also claims the new rule would split families, undermining immigration laws to prioritize family unification; misapplies the intent of Congress on the description of self-sufficiency of immigrants; and runs contrary to the statutes governing SNAP, also known as food stamps.

© Reuters. Information packs are distributed by the U.S. Citizenship and Immigration Services following a citizenship ceremony at the John F. Kennedy Presidential Library in Boston

The National Immigration Law Center said it also will file a lawsuit to stop the rule from taking effect. The attorneys general of California and New York have also threatened to sue.

Latest comments

Who is governing the country , who sets the rules the president or anybody who wants to ?   Looks to me like anarchy !
Haha sorry. "begs" was supposed to be "needs" (thanks Autocorrect). But I have to admit that I kind of like the idea of Trump begging.
 how about this ? " In the United States, an executive order is a directive issued by the president of the United States that manages operations of the federal government and has the force of law. The legal or constitutional basis for executive orders has multiple sources."
Jozef, notice the part that says "manages operations of the federal government (with the force of law)". However, your original question was about rules governing the country, not operations of the federal government, correct?
Meanwhile the fruit loops in San Francisco insistently and subbornly continue to drive their bus off a cliff. We should all listen to a city that is riddled with crime, drugs, and bankrupt. Show us San Fran! Show us the way!
I don't see any problem with a  requirement that immigrants NOT be on welfare. If they need welfare as soon as they get here, maybe they should not have come. Of course fleeing for your life or because of persecution are different. We should allow them to come but help them to not be on welfare. Actually, we should help ALL to not be on welfare.
it is 100% about race, color and religion. If they want to fix it for real, get rid of welfare altogether. If the Reublicans (DJT i particular) were against Socialism, he would have the sand to do away with the whole welfare system.
Including subsidies for farmers, social security, all food stamps, all medicare and medicaid and public education.
if for are for ANY of those things, you are a Socialist.
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