London Daily

Focus on the big picture.
Friday, Oct 02, 2026

US Supreme Court allows new immigration rule barring permanent residency to those deemed likely to require government assistance

The rule has been criticised by immigrant rights advocates as a ‘wealth test’ that would disproportionately keep out non-white immigrants. Critics have said the rule would disproportionately bar low-income people from developing countries in Latin America, Africa and Asia from permanent residency

The US Supreme Court gave the go-ahead on Monday for one of President Donald Trump’s hardline immigration policies, allowing his administration to implement a rule denying legal permanent residency to certain immigrants deemed likely to require government assistance in the future.

The justices, on a 5-4 vote, granted the administration’s request to lift a lower court’s injunction that had blocked the so-called public charge policy while litigation over its legality continues. The rule has been criticised by immigrant rights advocates as a “wealth test” that would disproportionately keep out non-white immigrants.

The court’s five conservative justices, including Chief Justice John Roberts and two justices appointed by Trump, carried the day.
The court’s four liberal justices said they would have denied the administration’s request. The action was announced even as Roberts sat as the presiding officer in Trump’s impeachment trial in the US Senate.

Lawsuits aiming to block the policy were filed against the administration by the states of New York, Connecticut and Vermont as well as by New York City and several non-profit organisations.
In imposing an injunction blocking its implementation, US District Judge George Daniels in Manhattan on October 11 called the rule “repugnant to the American dream” and a “policy of exclusion in search of a justification.”

The administration had asked the high court to let the rule go into effect even before the New York-based 2nd US Circuit Court of Appeals rules on Trump’s appeal of the judge’s injunction. The 2nd Circuit is considering the matter on an expedited basis, with legal papers to be submitted by February 14 and arguments to be held soon afterward.

The Supreme Court’s action means the administration can implement the rule across the country except in Illinois, where a lower court decision blocking it in that state remains in place.

Ken Cuccinelli, acting deputy secretary at the US Department of Homeland Security, praised the high court’s action.

“It is very clear the US Supreme Court is fed up with these national injunctions by judges who are trying to impose their policy preferences instead of enforcing the law,” Cuccinelli told reporters.

At issue is which immigrants will be granted legal permanent residency, known as a “green card.”

Under Trump’s policy, immigration officers would consider factors such as age, educational level and English proficiency to decide whether an immigrant would be likely to become a “public charge” who would receive government benefits such as the Medicaid health insurance program for the poor.

The administration has said the new rule is necessary to better ensure that immigrants will be self-sufficient. Critics have said the rule would disproportionately bar low-income people from developing countries in Latin America, Africa and Asia from permanent residency.

Trump has made his tough immigration stance a hallmark of his presidency and his 2020 re-election campaign.
US immigration law has long required officials to exclude a person likely to become a “public charge” from permanent residency.

But US guidelines in place for the past two decades had said that immigrants likely to become primarily dependent only on direct cash assistance or long-term institutionalisation, in a nursing home for example, at the government’s expense would be barred under “public charge” grounds.

The new rule expands the “public charge” bar to anyone deemed likely to receive a much wider range of public benefits for more than an aggregate of 12 months over any 36-month period including health care, housing and food assistance.

The vast majority of people applying for permanent residency are not eligible for public benefits themselves, but a 2019 Urban Institute survey found that the rule is already deterring people from seeking benefits for US citizen children, for fear of harming their own future immigration status. Benefits for family members are not considered under the rule.

The high court could give Trump more victories on immigration policy. The conservative justices signalled support in November for Trump’s bid to kill a program that protects hundreds of thousands of immigrants – dubbed “Dreamers” – who entered the United States illegally as children. A ruling is due by the end of June.

Newsletter

Related Articles

0:00
0:00
Close
Scottish Court to Rule on Bid to Force No-Confidence Vote Against Aberdeen Council Co-Leader
UK Bans Extra Charges for Seating Children Under 12 Beside Accompanying Adults
UK Introduces Vaping Duty and New Licensing Requirements
Greggs to Close Four UK Factories and Cut 740 Jobs
Hundreds of Prisoners Released Early as England and Wales Prisons Reach 98% Capacity
UK Unveils New Russia Sanctions Targeting War Funding and Shadow Fleet
Burnham Says There Are Strong Indications of Iranian Involvement in RAF Fairford Security Breach
Prime Minister Andy Burnham Raises Prospect of Reviewing Britain's Post-Brexit EU Relationship
Markets Price in Bank of England Rate Increases as Inflation Rises to 3.1%
UK Borrowing Costs Climb Toward 5.5% as Global Bond Sell-Off Intensifies
UK-France One-In-One-Out Migration Agreement Expires as London Seeks Alternative Measures
Southwest England Faces Flood Alerts After Heavy Autumn Storms
UK Expands Funding for Rapid Electric Vehicle Charging Infrastructure
Welsh Government Approves Funding to Upgrade South Wales Transport
Northern Ireland Tensions Rise as Orange Order Rejects Drumcree Compromise
NHS Leaders Back Early Design of Proposed National Care Service
More Than One-Third of Regional UK Universities Face Financial Deficits
UK Current Account Deficit Narrows as Cross-Border Financial Flows Remain Strong
Bank of England and FCA Issue New Rules for Stablecoins and Digital Assets
MI5 Warns UK Universities Over Research Links With Chinese Institutions
UK Energy Price Cap Rises 4% as Electricity VAT Is Temporarily Suspended
Equity Calls for UK Personality Rights to Protect Performers From AI Replication
OpenAI Pauses Advanced Model Training Following Safety Concerns
Scottish Government Proposes Replacing 32 Councils With Larger Regional Authorities
Ofgem Raises UK Household Energy Price Cap by 4% From October
UK Counter-Terrorism Police Continue Investigation After Five Arrests Near RAF Fairford
OECD Cuts UK 2027 Growth Forecast to 1%
Labour Says State Pension Triple Lock Remains Protected Through Current Parliament
Andy Burnham Pledges National Care Service With Free Social Care in England
Six Flags Permanently Shuts Landmark X2 Roller Coaster Following Safety Scandals
Metropolitan Police Rule Out Terrorism in Golders Green Stabbing Investigation
Lithium-Ion Battery Identified as Cause of Fatal Merseyside House Fire
UK Department Rejects New Sea Use Framework Due to Stakeholder Fatigue
Major Thames Water Pipe Burst Causes School Closures in London
Aldi Commits £900 Million to Expand UK Supermarket Network
Scottish Affairs Committee Warns Skills Shortages Threaten Defence Sector Expansion
Parliamentary Committee Warns Northern Ireland Budget Deadlock is Stalling Economic Growth
NHS Hospitals in England Face Severe Shortages of Essential Medications
Home Secretary Signals Major Overhaul of UK Immigration and Leave to Remain Policies
Chancellor Promises New Job Schemes Alongside Strict Fiscal Discipline
Energy Secretary Proposes Taxpayer-Funded Green Transition and National Electricity Grid
UK Government to Renationalise Avanti West Coast Railway Franchise in March
Prime Minister Andy Burnham Pledges Major Social Care and Infrastructure Reforms
Five Suspects Released on Bail Following Alleged Bomb Plot Near RAF Fairford
UK Diesel Prices Hit Record High of 199p Per Litre
Transport for Wales and Network Rail Complete Electrification of South Wales Metro
Defra Expands Incentives for Sustainable Farming and Biodiversity in England
Northern Ireland Executive Approves Funding Package to Resolve Public Sector Pay Disputes
Universities UK Warns of Financial Insolvency Risks for Higher Education Institutions
UK Prisons Activate Emergency Protocols to Manage Capacity Pressures
×