“I fear,” she wrote, “that this disparity in treatment erodes the fair and balanced decision-making process that this court must strive to protect”
in another 5-4 decision to allow the rule in 49 states, but that decision did not affect Illinois which is governed by a separate judicial order. Now, thanks to the Supreme Court’s decision on Friday, the rule will be implemented nationwide, allowing immigration officials to evaluate immigrants based on 20 factors, including use of public services and English language proficiency.
Defending the rule this past summer, acting Director of US Citizenship and Immigration Services Ken Cuccinelliwritten on the Statue of Liberty to explain the “wealth test,” saying, “Give me your tired and your poor who can stand on their own two feet and who will not become a public charge.” It used to be abnormal for the government to seek a stay from the Supreme Court before a case finished working its way through lower courts. But Trump, who has often used the courts in personal and business disputes, has used this remedy as president. Sotomayor expressed concern about this very issue in September of last year, writing, “granting a stay pending appeal should be an ‘extraordinary’ act. Unfortunately, it appears the Government has treated this exceptional mechanism as a new normal.
In her dissent on Friday, Sotomayor expressed fear about the precedent set by granting these stays. “I fear,” she wrote, “that this disparity in treatment erodes the fair and balanced decision-making process that this court must strive to protect.”
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