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A Trump-era immigration rule denying green cards to immigrants who use public benefits such as food stamps was imposed on Tuesday after the Biden administration dropped the lawsuits, including in the Supreme Court.
Continuing to defend the rule “is neither in the public interest nor in an efficient use of limited government resources,” the US Department of Homeland Security said in a statement.
The Supreme Court will not rule on the legality of the so-called public charge rule due to an agreement between the Biden administration and the parties and states challenging it. The Justice Department also dropped objections to a ruling in the U.S. 7th Circuit Court of Appeals, upholding a federal judge’s November order overturning the rule nationwide.
These measures were the latest consequence of the Biden administration’s efforts to overturn the Trump administration’s immigration policies. The new administration recently rejected High Court appeals about former President Trump’s efforts to deny funding to so-called sanctuary communities.
The judges, at the administration’s request, also postponed cases they had agreed to hear about funding portions of the wall along the border with Mexico and the policy of forcing asylum seekers to wait in Mexico for their hearings.
Immigrant rights advocates celebrated Tuesday’s lawsuit over public charge rule after years of complex legal battles in several states.
While the Trump administration first touted the proposed rule in 2018 as a way to ensure that only those who are self-sufficient come to the United States, immigrant rights advocates have said it is a “test of wealth. And public health experts said it would lead to poorer health outcomes.
“After four years of fighting the rule, the first time it was officially announced, she officially died,” said Aaron Reichlin-Melnick of the American Immigration Council.
The high court agreed in late February to hear an appeal from the Trump administration, first filed last year, against a lower court ruling against the public charge rule. The policy allows for denial of permanent resident status to immigrants because of their use of food stamps, Medicaid, housing vouchers, or other public benefits. The judges had agreed to hear the case even as President Biden called for a “top-down” review of the rule.
On Tuesday, however, the Biden administration withdrew its appeal, saying all parties involved had agreed to dismiss the case.
The administration has taken a similar action in the Chicago Court of Appeals. After U.S. District Judge Gary Feinerman rescinded the rule on the eve of an election, the U.S. Citizenship and Immigration Services stopped applying it to all pending applications and petitions across the country. But he changed course on election day after the Federal Court of Appeal allowed the rule to be reinstated while it considered the case.
Immigrant groups opposing the policy said Tuesday’s deal “finally cleared the way for this illegal rule to no longer be enforced.”
Previously, the Supreme Court had split 5-4 to allow the policy to take effect while the legal challenge continued. This legal challenge involved New York, Connecticut, Vermont, New York City and several organizations.
“We have dismissed this case and reinstated the preliminary injunction which ensures that those living in New York and other states do not have to choose between their immigration status and obtaining the support necessary to survive,” New York Atty. General Letitia James said in a statement. “Quite simply, today, fewer children will go hungry and more families will receive the medical care they desperately need.”
As part of the Trump administration’s policy, green card candidates had to show that they would not be a burden on the country or “public burdens.”
Federal law already required those seeking permanent residence or legal status to prove that they would not be a “public office.” But the Trump administration’s rule included a wider range of programs that could disqualify them.
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