A divided federal appeals court lifted injunctions blocking the Trump administration from implementing a rule aimed at limiting immigration benefits for individuals who participate in government programs such as food stamps or Medicaid, Politico reports. A panel of the U.S. Court of Appeals for the 9th Circuit voted 2-1 stayed preliminary injunctions issued by judges in Oakland, Ca., and Spokane, Wa., against the newly issued “public charge” policy just before it was to take effect in October. The policy remains on hold because judges in Maryland and New York City also blocked the new rules nationwide. The 9th Circuit majority said the Trump administration was likely to prevail in its arguments that it had legal authority to issue regulations to broaden the definition of what constituted someone likely to become dependent on public assistance.
“We find that the history of the use of ‘public charge’ in federal immigration law demonstrates that ‘public charge’ does not have a fixed, unambiguous meaning,” said Judge Jay Bybee. “Whether the change in policy results from changing circumstances or a change in administrations, the wisdom of the policy is not a question we can review,” he added. Bybee savaged Congress for decades of legislative inaction on immigration. Saying he is “perplexed and perturbed,” Bybee said courts were being thrust to the center of the immigration fight in large part because lawmakers have abdicated their responsibilities. “So far as we can tell from our modest perch in the Ninth Circuit, Congress is no place to be found in these debates. We have seen case after case come through our courts, serious and earnest efforts, even as they are controversial, to address the nation’s immigration challenges. Yet we have seen little engagement and no actual legislation from Congress … Don’t leave the table and expect us to clean up.”