A coalition of 11 states is trying to intervene in a lawsuit to challenge the Biden government’s decision to abandon a Trump-era policy that restricts immigrants deemed dependent on the welfare of receiving green cards.
The “public office” rule was introduced by the Trump administration in 2019 and expanded the definition of “public office” as an immigrant who receives one or more designated public benefits for more than 12 months over a 36-month period.
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The fact that an immigrant is a “public charge” would affect his chances of getting a green card – as well as other factors, such as age, health and education.
Critics said the rule was discriminatory and would discourage immigrants in difficulty from claiming the assistance they need, and started a legal fight against the move that went to the Supreme Court.
The Biden government recently announced that it would no longer seek to defend the rule and has withdrawn its legal challenges.
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Continuing to uphold the rule “is not in the public interest or an efficient use of limited government resources,” DHS said in a statement.
Arizona-led states filed a motion this week to intervene in the process, which would allow states to petition the Supreme Court to accept the case review and have the case heard in full.
“It is unfair to overburden our infrastructure and immigration personnel when we are dealing with the health and economic devastation of the pandemic,” said Arizona Attorney General Mark Brnovich in a statement. “Despite regardless of someone’s stance on immigration reform, this reckless violation of federal law is only creating another national crisis and putting additional pressure on our state and Arizona’s taxpayer workers.”
States say they are interested in maintaining the rule, since implementation would reduce the demand for social and government assistance that directly impacts them.
The benefits considered by the rule include Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), as well as most forms of Medicaid and the Supplemental Nutrition Assistance Program (SNAP) – commonly known as food stamps. The rule expanded the number of benefits that can be considered from the provisional guidance issued in 1999.
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Joining Arizona in the process are Alabama, Arkansas, Indiana, Kansas, Louisiana, Mississippi, Montana, Oklahoma, Texas and West Virginia.
This comes days after Arizona and Montana announced a challenge to the Biden administration to limit Immigration and Customs Enforcement (ICE) priorities for arrest and deportation.
The Associated Press contributed to this report.