Supreme Court Might Allow Republican Leaders to Defend the ‘Public Charge Rule’
Supreme Court to hear arguments on defense of Trump’s Public Charge Rule
On Friday, October 29, the US Supreme Court agreed to hear arguments from a group of Republican leaders who are asking to defend Trump’s Public Charge Rule.
This decision comes after 13 Republican state attorneys general filed a petition to uphold Trump’s Public Charge Rule in pending legal proceedings, which were dismissed by the Supreme Court in March 2021.
To understand the issue at hand, it is important to explain that:
- The Public Charge Rule is an immigration policy that outlines certain admissibility parameters in the US to prevent foreigners from disproportionately using public services or social benefits and ultimately becoming a “burden” on the country.
- This rule has been present in the US for over 100 years, but the term “Public Charge” was officially introduced in 1882.
- Usually, each government has the right and power to modify this rule depending on its goals and ideals related to the immigration system.
Motion Law Immigration’s team has been preparing for years to provide high quality service during your immigration journey in the US. Therefore, if you need help with an immigration case of any nature, do not hesitate to Contact Us and ask for your FREE Consultation with our experienced attorneys.
Background: Trump’s Public Charge Rule
The Trump administration made the most recent modifications to the Public Charge Rule, greatly expanding the scenarios in which immigrants would be inadmissible under this policy, especially foreigners who plan to seek lawful permanent residence through Green Cards.
Broadly speaking, Trump’s Public Charge Rule stated that:
- LPR (Lawful Permanent Resident) applicants could not adjust their immigration status if they had used certain public benefits for more than 12 months in a 36-month period.
- Certain applications could be rejected if immigration officials considered that the applicant could potentially become a “burden” on the federal government.
Contact Motion Law Immigration if you need help with an immigration case of any kind. Meet our team of experienced immigration attorneys through a FREE Consultation and feel completely comfortable throughout your entire immigration process.
The Public Charge Rule under the Biden administration
In March 2021, the current administration of the US, led by President Joe Biden, removed the modifications made by the Trump administration on the Public Charge Rule and reimplemented the 1999 Public Charge Rule guidelines.
Adding to that, in late August, the Biden administration stated that it would seek comments and feedback from the American people to propose a new Public Charge Rule, one that is aligned with the values of the US as an immigrant nation.
However, if the Supreme Court allows Republican leaders to defend Trump’s Public Charge Rule, this could become a challenge for the current administration.
To protect your future, it is imperative that you follow expert advice during your immigration journey in the US. Therefore, do not hesitate to Contact Motion Law Immigration and ask for your FREE Consultation with our experienced attorneys.
Thinking about starting or completing your immigration process soon?
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