The Biden administration took a historic step forward in protecting working immigrants by issuing a final rule that reverses the previous administration’s harmful and discriminatory “public charge” determination targeting low-income families, and making it harder for them to gain permanent status.
After taking office, President Joe Biden declined to defend this wealth test at the Supreme Court level. The final rule announced last week codifies “the historical understanding of a ‘public charge’ that had been in place for decades,” the Department of Homeland Security (DHS) said in a statement. In welcoming the new rule, advocates said the Biden administration made an improvement that had been sought by 1,000 organizations.
RELATED STORY: Justices dismiss effort by GOP attorneys general seeking to revive harmful 'public charge' rule
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“While the final regulation largely restores and improves upon the public charge policy in place for 20 years prior to the Trump administration, it also makes an improvement sought by more than 1,000 organizations coordinated by the Protecting Immigrant Families coalition (PIF),” a statement received by Daily Kos said.
PIF said organizations had been seeking change, “making it crystal-clear that DHS will not consider use of health care, nutrition, or housing programs when making immigration decisions.”
“The final public charge rule is a win for low-income immigrant families in that it moves to restore the pre-Trump guidance and narrows the list of public benefit programs whose receipt can be considered,” said Charles Wheeler, director emeritus of Training and Legal Support and senior attorney at Catholic Legal Immigration Network, Inc. (CLINIC), in a statement received by Daily Kos. “We welcome a rule that seeks to lower barriers for those applying for lawful immigration status and clarifies the role of the affidavit of support.”
Numerous organizations noted that the previous administration’s policies frightened families away from permanent relief and other services for which they were perfectly eligible. “Many immigrants remain confused and fearful about the relationship between accessing government benefits and applying for lawful status,” CLINIC continued.
“This rule is a step in the right direction,” CLINIC Executive Director Anna Gallagher said in the statement. “We will keep working with our affiliates to provide accurate information related to public charge so that immigrant families can apply for lawful status while accessing needed and available social programs.”
PIF noted that the Biden administration went through legally required steps under the Administrative Procedures Act in publishing the rule, including implementing two comment periods and holding public listening sessions last year. But expect Republicans to sue anyway under what immigrant rights advocates have called the anti-immigrant judicial pipeline. Republicans led by Arizona’s attorney general had sought to revive the public charge rule but were waved away by the Supreme Court in June. But as noted at the time, that respite was perhaps only temporary. We’ll see.
“The final Biden public charge regulation is a major win for immigrant families,” said PIF Coalition Director Adriana Cadena. “We know that anti-immigrant politicians will attack this reform through partisan litigation, but there are solid grounds for a court to uphold the rule. The new rule clarifies what is and is not considered in a public charge determination, providing assurances that eligible immigrant families can use health care, nutrition, and housing programs without public charge concerns.”
“The new public charge rule from DHS moves us towards a more just and humane immigration system,” said Rep. Pramila Jayapal. “I commend the administration for taking this step to ensure all immigrants are treated as human beings, with the respect and dignity they deserve.”
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