A federal judge in Texas dismissed a state lawsuit arguing they have the right to deny permanent residency for immigrants who rely on some public benefits, otherwise known as the “public charge” rule. The federal judge found Texas did not have standing, as they did not prove the state would see an increase in immigration or related costs by changing the policy. The original expanded public charge policy was issued under the Trump administration and overturned under the Biden administration.

The Texas lawsuit challenged the U.S. Department of Homeland Security (DHS) ending a rule that expanded the definition of those considered a public charge. Initially, the definition specified those who rely on cash benefits to support their needs. In the expanded definition, other non-cash benefits, such as housing assistance, were included to determine the public charge status. In their lawsuit, Texas claimed the change removing the non-cash benefits from consideration was “arbitrary and capricious”. Further, they claimed the federal government went beyond their statutory authority and required protocols were not followed. In the Judge’s decision, he stated Texas must first prove standing before presenting the points of their argument.

The District Judge stated Texas did not provide sufficient proof to establish standing in order to file the lawsuit against the federal government. Further, the judge denied Texas’ motion for summary judgement. Finally, the federal government’s motion for summary judgment was granted, specifically as it relates to Texas’s lack of standing.

The expanded public charge rule was issued in 2019 under the Trump administration, with DHS implementing the rule in early 2020. The Biden administration removed the expanded 2019 rule after a required notice-and-comment period. DHS finalized the Biden administration rule in September 2022. The Texas lawsuit challenging the 2022 update was filed in January 2023 on the basis the rule does not comply with the Personal Responsibility and Work Opportunity Reconciliation Act, commonly known as the “Welfare Reform Act”. In August 2023, the Texas judge denied the Biden administration’s request to deny the Texas challenge. Continued legal challenges are likely.

If you have questions about the public charge rule or any U.S. immigration related issue, contact us at ILBSG. Our clients work directly with our experienced attorneys to ensure they get the right advice for their specific situations. ILBSG offers experience across employment-based and family-based immigration matters.

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