‘Public charge’ rule eased for migrants
Hundreds of thousands of immigrants will no longer face possible deportation for accepting benefits such as food stamps or Medicaid after the Biden administration, with court approval, withdrew its defense Tuesday of restrictions imposed under President Donald Trump.
A 19th century federal law makes noncitizens ineligible for permanent residency and green card work permits if they are a “public charge” or likely to become one. Past administrations have interpreted the law to apply only to the relatively small number who drew much of their income from government sources, such as welfare or Social Security, or who received longterm care at government expense.
But the Trump administration’s August 2019 policy broadened the definition to include migrants who had received noncash benefits, such as food stamps, Medicaid or a lowincome housing voucher, for at least a year. In addition, federal officials could consider a variety of “negative” factors — low income, old age, a large family, the inability to speak English or the acceptance of benefits for any period — to classify immigrants as public charges.
The administration said 382,000 of the 544,000 legal immigrants who applied for green cards each year would be covered by the new rule and would have to submit forms showing their ability to support themselves. The policy also allowed immigration officials to refuse to honor a visa allowing U.S. entry if they decided the noncitizen was likely to use public benefits.
Several federal courts ruled the policy illegal and said it would harm public health by discouraging immigrants from applying for health benefits, but the Supreme Court allowed it to take effect in a 54 decision in January 2020. But after the high court granted review of the Trump administration’s appeal of another unfavorable ruling in a case from New York, President Biden’s administration withdrew the appeal Tuesday.
Continuing to defend the 2019 policy “is neither in the public interest nor an efficient use of limited government resources,” the Department of Homeland Security said in a statement.
The administration also dropped the government’s appeal of a Nov. 2 order by U.S. District Judge Gary Feinerman of Chicago barring further enforcement of the Trump administration policy nationwide. That order takes effect immediately, said attorney Carrie Chapman of the Legal Council for Health Justice, who argued the case.
The order is a relief for thousands of immigrants who wanted to apply for legal residency but feared accepting public health benefits, said Ghita Schwarz, a Center for Constitutional Rights attorney in the New York case before the Supreme Court.
The 2019 rule “was deterring huge numbers of people from seeking the help they need, particularly in an economic and public health crisis,” Schwarz said. “Leaving this rule in place had a dramatic impact on people hardesthit by the pandemic.”
“Hardworking immigrants seeking a better life should not be denied a path to the American dream because of their economic status,” said San Francisco City Attorney Dennis Herrera, who also sued to challenge the Trump rules. “They should not be forced to forgo help with food, health care and housing out of fear.”