The Biden government notified the Supreme Court on Tuesday that it will no longer defend a government policy aimed at imposing new limits on the admission of immigrants deemed likely to become overly dependent on government benefits.
The Department of Homeland Security announced in 2019 that it would expand the definition of a “public charge” to be applied to people who could be denied immigration because of concerns that they would depend primarily on the government for their income.
In the past, the designation was largely based on an assessment that an immigrant would be dependent on cash benefits. But the Trump administration has proposed to broaden the definition to include non-monetary benefits, such as Medicaid, supplemental nutrition and federal housing assistance.
Anyone who would likely need a wider range of help for more than 12 months in any three-year period would be included in the expanded definition.
The federal government has long had the authority to refuse the admission of immigrants who are likely to become public officials, but the term has never been formally defined.
Trump’s policy proposed to fill this void, adding non-monetary benefits and factors such as age, financial resources, employment history, education and health, arguing that the expansion would reinforce “the ideals of self-reliance and personal responsibility, ensuring that immigrants are able to support and succeed here in America. “
In response to a series of lawsuits, the lower courts were divided over whether the revised rule violated federal law, but its application was eventually blocked, so the Trump administration appealed. The Supreme Court agreed in late February to consider the issue.
But on Tuesday, the Justice Department notified the court that the Biden government had agreed with local governments challenging the policy that cases should be closed.
President Joe Biden signaled his intention to change the policy in February by signing an executive order that ordered federal agencies to review Trump’s rule.
