The Supreme Court agreed on Monday to analyze the legality of the public charge rule of the Administration of former President Donald Trump, which makes it difficult for immigrants to obtain permanent residence if they receive or may need public benefits, such as Medicaid, food stamps and aid from living place.
The magistrates agreed to take into account the appeal that the government of the former president presented against a ruling of a lower court that establishes that the rule probably violates federal immigration laws by expanding the definition of who can be considered a public charge and thus increasing the number. of people who will be rejected when they apply for a residence or visa.
It’s not the only Trump-era policy that will be under review in the highest court. Measures that restrict federal funding from a family planning program, called Title X, to clinics that perform abortions will also be discussed . The restrictions left Planned Parenthood and other clinics in 34 states that provide birth control and health screenings to low-income women out of the program.
How these cases are resolved can provide insight into future decisions by the Supreme Court, which now has a conservative majority. The forecasts, however, may not have any immediate effect. The president, Joe Biden, has already ordered the federal government to analyze both measures and it is expected that this will lead to their repeal.
However, if the Supreme Court rules in favor of Trump’s policies before they are overturned, this could help them be restored by future Republican administrations in the long run .
The court is expected to schedule the cases for this spring, reported the Politico news website.
On the other hand, the highest court also denied an appeal by Trump’s Republican allies against a decision by the Pennsylvania Supreme Court that allowed ballots received up to three days after Election Day to be counted due to delays due to the pandemic.
What is public charge and how does it impact migrants
The public charge rule, which was established in August 2019 and is still in effect in most states in the country, seeks to allow immigrants to show that they are not dependent on government assistance by requesting legal residency.
Under the regulations in force in 1996, the term “public charge” is defined as someone who is “primarily dependent” on state assistance, which means that they obtain more than half of their income from official assistance and only in certain benefits. But the Trump administration broadened the definition, including more programs and aid.
Opponents of the rule, such as Susan Welber, an attorney with the Legal Aid Society, said the government was trying to exclude “as unworthy and unwelcome anyone who is expected to receive even a small amount of food, health or assistance assistance. of housing “.
Advocates for immigrants have warned of the rule’s chilling effect on communities. In some cases, migrant families avoid taking benefits, such as Medicaid and the Children’s Health Insurance Program, for fear of risking their immigration status in the future, according to research recently published by the Urban Institute .