The Biden administration did not uphold Trump’s “Public Charge Rule”

In 2020, the Donald Trump administration officially implemented the latest version of the so-called “Public Charge Rule”, which outlines a series of requirements and limitations for foreigners to complete certain immigration processes such as requesting lawful permanent residence.

Broadly speaking, this policy states that immigrants who could potentially become a burden to the economy, the federal government, and taxpayers, should be inadmissible in the US on “Public Charge” grounds. According to Trump’s latest version, immigration officials had the power to reject certain immigration cases if the applicant had used public benefits such as food stamps or free medical services for more than 12 months in a 36-month period.

When President Joe Biden launched his campaign, he promised to remove restrictive policies such as Trump’s “Public Charge Rule”, which, in his opinion, tremendously affects the most vulnerable immigrant communities. However, when Biden took office, there were already several pending litigation related to this policy and the US Supreme Court had to intervene in several of them in early 2021.

When it was time to uphold the “Public Charge Rule”, the Biden administration asked the Supreme Court to dismiss hearings related to this rule as it had no plans to implement it in the future.

Do you need help with an immigration case of any kind? Contact Motion Law as soon as possible, schedule a FREE consultation, and follow the advice of our experienced immigration attorneys.

Supreme Court will not re-implement the “Public Charge Rule” for now

When the Supreme Court agreed to dismiss pending hearings, which were scheduled for the Trump administration to defend the “Public Charge Rule”, a group of 14 states filed a petition in late March, seeking approval from the Supreme Court to uphold this policy in pending hearings instead of annulling them.

However, for the benefit of immigrant communities and the Biden administration, the Supreme Court stated on Monday, April 26, that if the states involved in the case want to pursue the defense of the “Public Charge Rule”, they mush initially file their request in the lower court and follow the regular process.

This is definitely good news for Biden’s immigration plans, although, depending on what happens in the lower courts, the legal battle related to Trump’s “Public Charge Rule” could continue even though the current administration does not plan to re-implement it.

Keep up to date with the latest immigration news. Visit our Blog section!

Are you looking for reliable help for your immigration case?

As one might realize, the US immigration policies are rarely static, but rather are constantly changing and are always modified depending on the country’s administration, global needs, and pending legal processes. Therefore, the best recommendation is undoubtedly to follow the advice of experts during your immigration journey, who are up to date with current policies.

If you, a family member, or a friend need help with an immigration case, please contact Motion Law today to schedule a FREE Consultation with one of our expert immigration attorneys. Our team will be happy to guide you through your immigration journey in the US.

Please contact Motion Law Immigration today at: (202) 918-1799.