The Biden administration scraps the Public Charge Rule

The Public Charge Rule is an immigration policy that has been present for more than 100 years in the US, but multiple administrations have temporarily removed or reshaped it depending on their immigration ideals, proposals and goals. This rule aims to prevent immigrant communities from becoming a burden on the local economy.

The latest version of this rule was implemented by the Donald Trump administration, which planned to restrict legal immigration processes and curb illegal immigration at all costs. Trump’s Public Charge Rule, officially implemented in late February 2020, allowed immigration officials to deny certain applications if immigrants had used one or more public benefits for 12 months in a 3-year period. With this, we refer to social benefits such as food stamps, medical services like Medicaid, Supplemental Security Income, inter alia.

This immigration policy faced multiple legal processes under the Donald Trump administration and the US Supreme Court of Justice already had several appeals scheduled regarding this rule. However, the Biden administration asked the Supreme Court to invalidate pending appeals as it did not plan to uphold Trump’s Public Charge Rule.

The Supreme Court granted this request on March 9, 2021, which means that the Public Charge Rule is currently inactive until further notice, or until it is permanently rescinded by the Biden administration.

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What does this mean for immigrant communities?

It is important to remember that we are still going through a health crisis unprecedented in recent human history. The global Coronavirus pandemic spread uncontrollably and rapidly around the world and the global healthcare system was saturated in a matter of weeks.

In the case of the US, the main epicenter of the pandemic, thousands of immigrants refrained from seeking medical assistance amid the sanitary emergency for fear of Trump’s restrictive policies, including the Public Charge Rule, which threatened their legal immigration status and increased the risk of deportation.

During 2020, several courts intervened in the Public Charge Rule’s controversy and invalidated and validated it again multiple times. However, even if the rule was not constantly active, immigrant communities avoided requesting any kind of public service for fear of deportation.

Therefore, now that the Biden administration has suspended the Public Charge Rule and will not present a defense to the Supreme Court, immigrant communities can access health, housing and nutrition services amid the sanitary crisis caused by the COVID-19 pandemic.

Adding to that, it is imperative to note that the national vaccination project is currently underway and it is crucial that immigrant communities are also included in this program as many foreigners work in important sectors of the local market and could become passive carriers of the virus if local governments do not integrate them in the vaccination project.

In fact, the Biden administration recently banned border forces from arresting undocumented immigrants in or near Vaccination Centers across the US, offering more security to immigrant communities when participating in the national vaccination project.

Reliable help for your immigration journey!

We understand that starting an immigration process requires constant dedication and expert help. Our team is highly qualified to guide you through your immigration journey in the US, so please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

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