Several states have been barred by the Supreme Court from intervening in a Public Charge lawsuit defending the Trump administration rule limiting low-income immigrants’ access to green cards. The rule is often referred to as the Public Charge rule.

A group of 13 states, led by Arizona, tried to advocate for the continued use of the Trump administration’s 2019 Public Charge Rule. The Biden administration announced in March 2021 that they would no longer follow this rule. The states enacted a Public Charge lawsuit to reinstate the rule.

Chief Justice Roberts, along with Justices Thomas, Alito, and Gorsuch concluded that the case presented by the group of states included an undue number of questions beyond what the Supreme Court agreed to consider. The court stated the question at hand, whether the Ninth Circuit was right to prevent the states from getting involved, is not determined. However, based on the case presented, states may not pursue legal action to reinstate the Trump policy.

The Public Charge Rule, implemented in August of 2019, required applicants to submit an Adjustment of Status to share additional information regarding their potential use of public benefits. This rule contributed to the definition of who would become likely to rely on public benefits, Generally, individuals who appeared likely to rely on public assistance would be denied entry to the U.S.

The Trump rule included potential reliance on one or more public programs including subsidized housing and food assistance. If the individual appeared to need these supports for 12 months across a three-year period, they would likely be denied U.S. entry on the basis of public charge.

The Biden administration proposes excluding noncash benefits from consideration. These include programs like Medicaid and the Supplemental Nutrition Assistance Program (SNAP). The proposal also suggests using a ‘totality of circumstances’ to determine the likelihood of reliance on government programs.

The Trump 2019 rule was vacated in 2021 and was replaced by the 1999 interim field guidance on the public charge ground of inadmissibility. This guidance was in place immediately preceding the 2019 rule.

If you have questions about the public charge rule or any other immigration-related issue, contact us at ILBSG. We work with our clients in their specific set of circumstances to ensure they get the right advice.

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