Another Trump Policy Aimed at Poor Migrants Blocked by Judge

(Bloomberg) -- A federal judge blocked the Trump administration’s elimination of a poverty waiver from the $725 fee for naturalization applications after immigration advocacy groups complained that a new rule will bar thousands of immigrants from pursuing U.S. citizenship.

U.S. District Judge Maxine Chesney in San Francisco ordered a nationwide injunction at a hearing Monday, saying the government didn’t follow the proper administrative process for adopting the rule change. The administration argued that the current fee doesn’t cover the costs of processing naturalized citizens.

The ruling marks another loss in the courts for the Trump administration on rules that make it harder for low-income people to qualify for legal residency in the U.S.

A Department of Homeland Security rule to screen out immigrants deemed at risk of becoming dependent on government benefits was blocked nationwide in October by a New York federal judge who called it “repugnant to the American Dream.” In November, a federal judge in Oregon put on hold a rule requiring that immigrants prove they will have health insurance or can pay for medical care before they can get visas.

A rule put in place almost a decade ago allows for the $725 fee to be waived if applicants demonstrate an inability to pay by showing proof that they receive state or federal government aid, such as food stamps. Under the administration’s new rule, the government would still grant waivers for acute financial hardship, such as from loss of a job or unexpected medical bills.

Chesney told lawyers she had concerns about issuing a ruling that applies nationwide, but didn’t see a way around it.

“I’d be happy to limit it if I could,” she said. “I understand the concern about one judge telling the whole country what to do.”

In 2017, almost 40% of naturalization applications were submitted with a fee waiver, according to the lawsuit filed in October against U.S. Citizenship and Immigrant Services by the city of Seattle and immigration advocacy groups.

Julie Straus Harris, a Justice Department lawyer representing the Department of Homeland Security, declined to comment after the hearing. She referred inquiries to the department’s media office.

In November, the Trump administration proposed raising the cost of applying for U.S. citizenship to $1,170, as well as creating new fees for some asylum seekers and the Deferred Action for Childhood Arrivals program. USCIS said that without the new fees, it would run a deficit in the future.

The case is City of Seattle v. Department of Homeland Security, 3:19-cv-07151, U.S. District Court, Northern District of California (San Francisco).

To contact the reporter on this story: Joel Rosenblatt in San Francisco at jrosenblatt@bloomberg.net

To contact the editors responsible for this story: David Glovin at dglovin@bloomberg.net, Peter Blumberg, Steve Stroth

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