A group of 14 states led by Texas hoping to readdress the Public Charge Rule were denied by the Seventh Circuit Court on March 15, 2021. The Public Charge Rule works against immigrants who may use certain public benefits. The Biden administrations will not defend the Public Charge Rule.

Previously, the U.S. Department of Homeland Security stated it would no longer support the rule in courts around the country. The policy has been the subject of lawsuits and been temporarily barred by multiple courts during the litigation process.

The group of 14 states requested the option to defend the public charge rule themselves. In their request, they asked the circuit court to recall the mandate vacating the rule nationwide, while litigation continued.

The public charge rule made it harder for individuals to receive a green card if the ‘immigration wealth test’ suggested the individual may rely on social programs including Medicaid, emergency housing assistance or other public programs.

This denial is one of many changes arising from President Biden’s Immigration Policy updates.

If you have questions about the Public Charge Rule or any immigration issues, please contact us at ILBSG. Work with our attorneys to ensure you get the right advice.

Department of Homeland Security immigration public charge rule