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Dear Allies,
We have good news to share! This morning, the U.S. Supreme Court declined to issue a decision on whether Republican-led states have the authority to defend the Trump administration's public charge rule (Trump’s rule). This means that the 1999 interim field guidance is still in effect.
What is the Background?
When the Biden administration took office in 2021, it chose to stop defending Trump’s 2019 public charge rule in the ongoing litigation. The Northern District of Illinois had blocked Trump’s rule from taking effect nationwide, so it was no longer in effect, and the 1999 Field Guidance became our nation’s public charge policy again. The Biden Administration then removed Trump’s 2019 rule from the Code of Federal Relations.
However, defenders of the Trump rule were not dissuaded, and asked to take the Trump administration’s place in court to continue defending this terrible rule. A group of 13 states, led by Arizona, asked the U.S. Supreme Court to allow them to intervene in San Francisco’s 9th Circuit case and defend Trump’s rule, even though Trump’s rule was already rescinded.
The absence of a U.S. Supreme Court’s decision today means that the 1999 interim field guidance is still in effect and it remains safe for eligible immigrants to enroll in health, nutrition and housing benefits.
In a similar effort, Texas, on behalf of a group of states, has asked the 7th Circuit to allow them to both defend Trump’s rule and reinstate it. If the 7th Circuit denies Texas’s plea, Texas is likely to ask the U.S. Supreme Court to consider the case.
What Comes Next?
Today’s SCOTUS decision is very good news, but litigation continues in the Seventh Circuit.
DHS recently announced plans to issue a final public charge rule in July or August 2022. A new DHS rule is likely to be challenged in court, but we are hopeful that the 1999 Field Guidance will continue to be in place during any future litigation.
The DHS announcement also allayed fears by reenforcing that few noncitizens are BOTH subject to the public charge ground of inadmissibility AND eligible for the public benefits considered under the 1999 Interim Field Guidance. As part of this announcement, DHS updated its public charge resources webpage with a helpful Q&A section designed to clarify current policy and reduce the chilling effect.
We will keep you in the loop on all updates, whether regulations or litigation.
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