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The Biden administration on Tuesday notified the Supreme Court that it would no longer advocate a government policy to place new limits on the admission of immigrants considered likely to become too dependent on government benefits.
The Department of Homeland Security announced in 2019 that it would expand the definition of “public office” to apply to people who may be refused immigration because they feared that they would depend primarily on the government for their income.
In the past, designation was largely based on an assessment that an immigrant would depend on cash benefits. But the Trump administration has proposed expanding the definition to include non-monetary benefits, such as Medicaid, supplemental nutrition, and federal housing assistance.
Anyone who might need this wider range of help for more than 12 months within a three-year period would be included in the expanded definition.
The federal government has long had the power to refuse admission to immigrants who may become public office, but the term has never been formally defined.
Trump’s policy proposed to fill this void, adding non-pecuniary benefits and factors such as age, financial resources, work history, education and health, arguing that the expansion would reinforce “ the ideals self-reliance and personal responsibility, ensuring that immigrants are able to support themselves and succeed here in America. “
In response to a series of lawsuits, lower courts were divided over whether the revised rule violated federal law, but its application was ultimately blocked, so the Trump administration appealed. The Supreme Court agreed at the end of February to examine the matter.
But on Tuesday, the Justice Department informed the court that the Biden administration agreed with local governments to challenge the policy that the cases should be dismissed.
President Joe Biden signaled his intention to change policy in February, signing an executive order ordering federal agencies to review the Trump rule.
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