Catholic Legal Immigration Network, Inc. v. Rubio
Overview
Overview
The Catholic Legal Immigration Network, Inc sued the Department of State over a new visa processing-regime that establishes a ban on legal immigration for nationals of 75 countries-nearly half of all visa applicants -- based on the claim that nationals of the covered countries migrate to the United States to improperly rely on cash welfare and are likely to become “public charges”.
The Issue
Issue
Whether the President has constitutional and statutory authority to implement a nationality-based visa ban on 75 countries based on public charge concerns, affecting nearly half of visa applicants.
The Rules
Rule
Under the Immigration and Nationality Act, the President may suspend entry of categories of aliens deemed detrimental to U.S. interests, but immigration actions must comply with constitutional equal protection principles and statutory limits on public charge inadmissibility determinations.
The Application
Analysis
The government established a blanket ban on visa processing for nationals of 75 countries, applying a presumption that residents would improperly rely on cash welfare, thereby creating a nationality-based public charge screening that applies to nearly half of all visa applicants.
The Conclusion
Conclusion
The case is currently active in the Southern District of New York; the court will likely address whether the ban falls within presidential authority under immigration statutes and whether the nationality-based approach violates constitutional protections.
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