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A coalition of 11 states is seeking to intervene in a lawsuit to challenge the Biden administration’s decision to abandon a Trump-era policy that prevents immigrants deemed to be welfare dependent from receiving green cards.
The “public charge” rule was introduced by the Trump administration in 2019 and broadened the definition of “public charge” as an immigrant who receives one or more designated public benefits for more than 12 months over a period of 36 months.
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The fact that an immigrant is a “public office” would affect their chances of getting a green card – as well as other factors such as age, health and education.
Critics have said the rule is discriminatory and will deter struggling immigrants from seeking the help they need, and have started a legal fight against the ruling that went to the Supreme Court.
The Biden administration recently announced that it would no longer seek to defend the rule and dropped its legal challenges.
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Continuing to defend the rule “is neither in the public interest nor in an efficient use of limited government resources,” DHS said in a statement.
The states, led by Arizona, filed a motion this week to intervene in the lawsuit, which would allow states to ask the Supreme Court to accept consideration of the case and have the case heard in its entirety.
“It is unacceptable to overwhelm our infrastructure and our immigration staff when we face the health and economic devastation of the pandemic,” Arizona Attorney General Mark Brnovich said in a statement. “Regardless of anyone’s stance on immigration reform, this reckless violation of federal law only creates yet another national crisis and puts additional pressure on our state and hard-working Arizona taxpayers. “
States say they have an interest in enforcing the rule, as its implementation would reduce demand for social and government assistance that directly affects them.
These benefits considered under the rule include Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), as well as most forms of Medicaid and the Supplemental Nutritional Assistance Program (SNAP) – commonly referred to as food stamps. The rule broadened the number of benefits that can be taken into account from the provisional guidance published in 1999.
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Joining Arizona in costume are Alabama, Arkansas, Indiana, Kansas, Louisiana, Mississippi, Montana, Oklahoma, Texas and West Virginia.
It comes days after Arizona and Montana announced a challenge to the Biden administration’s limitation on immigration and customs (ICE) arrest and deportation priorities.
The Associated Press contributed to this report.
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