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Article
Of Immigration, Public Charges, Disability Discrimination, and, of All Things, Hobby Lobby
Arizona State Law Journal (2020)
  • Mark C. Weber
Abstract
This Essay seeks to demonstrate that federal disability discrimination law conflicts with and thus supervenes the Trump Administration’s new regulations changing the standards for excluding immigrants from the United
States on the basis of their likelihood of becoming a public charge. The new regulations use an explicit disability-related discriminatory criterion that is not required by the statutory admission standards and will have an unjustified negative impact on immigrants who have disabling conditions. The Essay draws the comparison to Burwell v. Hobby Lobby, Inc., a 2014 case in which the Supreme Court invalidated a federal regulation on the
ground that it conflicted not with its enabling legislation but with an unrelated federal statute, the Religious Freedom Restoration Act.
Keywords
  • Disability,
  • Disability Discrimination,
  • Section 504,
  • Immigration,
  • Public Charge,
  • Regulation
Publication Date
Spring 2020
Citation Information
Mark C. Weber. "Of Immigration, Public Charges, Disability Discrimination, and, of All Things, Hobby Lobby" Arizona State Law Journal Vol. 52 Iss. 1 (2020) p. 245 - 277 ISSN: 01644297
Available at: http://works.bepress.com/mark_weber/94/