On January 27th, the Supreme Court ruled in a 5-4 decision that lifted a nationwide injunction against the administration's "public charge" final rule. With the court's ruling, USCIS lists February 24th as the first day of implementation. Despite the injunction's removal, lower courts will continue to determine the legality of the law on its merits.
Under the Immigration and Nationality Act (INA), an individual may be denied admission into the United States or adjustment to lawful permanent resident (LPR) status if he or she is "likely at any time to become a public charge." Although the INA does not explicitly define the term "public charge," agency guidance since 1999 has defined it to mean a person who is or is likely to become "primarily dependent" on "public cash assistance for income maintenance" or "institutionaliz[ed] for long-term care at government expense." Under the new rule, the Administration is significantly expanding the number of public benefits-and number of immigrants-considered in its public charge analysis. Individuals will be deemed a public charge if they are determined to be "more likely than not" to receive certain benefits for an aggregate period of more than 12 months in any 36-month period (with, for example, receipt of two benefits during the same month counting as two months). Please see our join-backgrounder on the new rule, here.
Catholic Charities USA issued a statement signaling its disappointment with the Supreme Court's decision. CCUSA's President and CEO Sister Donna Markham OP, PhD said, "By allowing this harmful policy to go into effect, the Administration imposes a chilling effect on access to basic services, creating fear among eligible individuals threatening family unity and stability. We will be judged on how we treat the hungry, the homeless and the stranger among us and this decision signals a watershed change of course from the best moments of our American heritage of welcoming immigrants and refugees." You can read the full statement here.
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