Migrants praise public charge rule change, says court filing from 14 states

While many migrants are celebrating President Joe Biden’s changes to the public charge rule that will make it easier for them to become residents, 14 states have filed against it in court. 

Last week, the Biden administration announced changes to the Trump-era public charge rule, under which individuals who could potentially receive benefits from the U.S. and become a burden to the country were denied residency status.

The new Department of Homeland Security rule, which will go into effect on December 23, will codify the standards that dictate when immigrants are considered a public charge or burden to the country. The new guidelines will only consider green card applicants to be a public burned if “they are likely at any time to become primarily dependent on the government for subsistence.”

Several migrant groups have praised the rule that has caused fear and confusion among migrants attempting to gain their residency status. 

“We do consider this a win for immigrants in our broader fight,” Esther Reyes, director of Immigration Policy and Advocacy with Children’s Defense Fund-Texas said. “It is now safe for eligible immigrant families to use health care, nutrition and housing programs without fear of consequences.”

“Letting families know that eligible immigrant families can use most of the health care and social service programs is a small win for us in an ongoing battle,” said Jennifer Duarte, of the El Paso, Texas-based Project Vida.

“We’re going to be able to change that picture and outreach to all of Texans,” said Anne Dunkelberg from the group Every Texan. 

However, some states disagree. On Tuesday, Texas Attorney General Ken Paxton announced that Texas is leading a 14-state coalition that filed a brief in the Supreme Court to prevent the new rule from being implemented. 

“With America in the midst of a recession and families across the country already facing record-high inflation, it’s completely reprehensible to expect taxpayers to foot the bill for hundreds of millions of dollars to sponsor more and more illegal aliens,” Paxton said in a statement. 

“But that’s exactly what Joe Biden and his entire administration have done by getting rid of the public charge rule. I sincerely hope the Supreme Court decides to reexamine this case, because the Biden Administration’s actions have left Texas vulnerable, and our citizens deserve better,” he added. 

The other states that joined the brief filed on Tuesday include Alabama, Arkansas, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Ohio, Oklahoma, South Carolina, and West Virginia.