The Supreme Court on Monday agreed to review the legality of a controversial Trump administration immigration rule that makes it harder for immigrants who legally use or may use government benefits to obtain green cards.
Cartoons on President Donald Trump
The rule, announced in August 2019, alters existing immigration law and expands what factors are used to determine if an immigrant is or will be a “public charge,” or someone who relies on the government for assistance. Under the rule, legal immigrants who have used Medicaid, food stamps or housing assistance will have that heavily counted against them when applying for a green card.
The rule also makes it easier for the government to deny green cards to immigrants it determines are “likely” to use public benefits in the future, giving the government broad authority to deny immigrants visas on the basis of wealth, education, English-language skill and other factors.
President Joe Biden has ordered a review of the rule and is largely expected to do away with it, which would likely render the lawsuit moot.
The “public charge” rule has been panned by advocates and is often described as a wealth test. It faced swift legal challenges, and the Supreme Court last year ruled that it could be implemented as those challenges were heard in court.