Back to the District Court for Defenders of the Public Charge Rule
By Jason Richwine on April 27, 2021
The Supreme Court on Monday told a group of states seeking to defend the public charge rule to make their arguments at a district court first, then appeal to higher courts if necessary.
We are following this case closely not only because the public charge rule is an important part of U.S. immigration policy, but also because it’s an egregious example of judicial-bureaucratic mischief. My recent article in The National Interest tells the full story, but the Cliffs Notes version is below.
Background
Federal law bars applicants who are “likely at any time to become a public charge” from receiving a visa or becoming a permanent resident. The Trump administration issued a regulation that defined a public charge more broadly than did the informal Clinton-era guidance that DHS had been relying on. In response, immigration advocates kept suing until they found a judge who would issue a nationwide injunction against Trump’s rule. The Supreme Court lifted that injunction while the case worked its way through the lower courts, and that’s where things stood when Joe Biden assumed the presidency.
https://cis.org/Richwine/Back-District-Court-Defenders-Public-Charge-Rule
