Public Charge Rule – SCOTUS Accepts Biden Administration’s Request to Dismiss Appeal

What we Know: The Biden Administration has indicated to the Supreme Court that it is no longer willing to defend the prior administration’s change to the Public Charge rule.

Why it Matters: Immigrant communities lived in fear of this policy change at a time when many families are suffering from food and housing insecurity. The Supreme Court will now honor the request from the Biden Administration to dismiss the upcoming case. Families will no longer have to worry that USCIS or the Department of State will use their receipt of medical care, food assistance, or housing funds against them when they apply for immigration benefits.

The Big Picture: One CLCMA client who applied for permanent residence has earned multiple degrees from U.S. universities, worked at major US corporations, and served his community for years while raising his US citizen children. USCIS already used CARRP and other discriminatory practices to block his ability to gain a green card for many years. He was also subject to the Trump Administration’s Public Charge rule, which required him to submit excessive documents such as deeds to his cars and copies of his degrees. Now, USCIS’s Public Charge test can once again be satisfied with evidence of a well-qualified U.S. citizen financial sponsor.

“The new Public charge requirements were unnecessary and unduly burdensome. This rule should never be used a wealth or health test for intending immigrants. CLCMA is pleased to see that the Biden Administration recognized the need to return to the prior interpretation of Public Charge rule that is both fair and humane,” said Kathryn H. Brady, CLCMA Immigration Department Head.

CLCMA is comforted knowing that immigrants will no longer have to choose between providing for their families and obtaining permanent immigration status.

Go Deeper: See this Wall Street Journal article for additional information about this development.