Judge blocks visa caps as states challenge green card rule

Judge blocks visa caps as states challenge green card rule

The Trump administration’s immigration agenda suffered two legal setbacks on Monday: a federal judge blocked proposed time limits on certain visas, while 22 states and the District of Columbia sued to stop a separate rule affecting green-card applicants.

The visa regulation had been scheduled to take effect on Tuesday. The public-charge regulation, which would expand scrutiny of lawful public-benefit use, was scheduled to take effect on Friday.

Court blocks proposed visa limits

US District Judge F. Dennis Saylor IV in Boston granted an injunction requested by trade unions and higher-education advocacy groups. The Department of Homeland Security proposal would have limited F visas for international students and J visas for cultural-exchange participants to four years, while capping I visas for journalists at 240 days. Read the context: US cuts duration of foreign journalist visas, imposing stricter limits on Chinese reporters.

The restrictions would have affected about 1.6 million international students with F visas and roughly 500,000 exchange visitors with J visas. Saylor described the administration’s national-security and fraud-prevention rationale as “exceptionally weak” and warned of catastrophic damage to higher education and the wider US economy.

States sue over public-charge standard

New York, California and Illinois are leading a coalition of 22 states and the District of Columbia in a Manhattan federal court challenge. Six cities and counties filed a parallel lawsuit against the Department of Homeland Security regulation.

The rule would allow immigration officers to treat lawful use of non-cash assistance, including food aid and Medicaid, as a factor against some applicants for permanent residency. It would also extend scrutiny to benefits received by an applicant’s family members.

The lawsuits argue that the administration exceeded its authority by bypassing Congress and created a restriction that conflicts with federal statutes. Under the Biden administration, officers could consider cash aid but were barred from penalising applicants for using non-cash support such as food assistance and Medicaid.

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