Immigrant Communities Prevail in Fight Against Public Charge Rule

In a victory for immigrants nationwide, the U.S. Department of Justice has filed motions to dismiss its defense of the Trump public charge rule. This ends a nearly two-year legal battle and invalidates the rule, which had effectively denied millions of immigrant families health care and economic support.

The Trump public charge rule punished people seeking permanent resident status in the United States if they use—or are deemed likely to use in the future—public supports to meet their family’s basic health, housing, and nutrition needs.

“Today marks the end of a dark chapter of a cruel policy against low-income immigrants of color,” said Militza Pagán, Staff Attorney at the Shriver Center. “Families should not have to worry if securing their medical needs and their next meal will jeopardize their stay and future in this country. The end of this rule will provide immigrant communities much needed relief during an extremely difficult time.”

Earlier, the Biden Administration had signed an executive order directing relevant federal agencies to immediately review the public charge regulation.

The Shriver Center, Legal Council for Health Justice, National Housing Law Project, and Sidley Austin LLP brought suit on behalf of the Illinois Coalition for Immigrant and Refugee Rights, arguing that the rule violated the Administrative Procedure Act and the Due Process Clause, and discriminates against immigrants of color. Although the federal district court struck the rule for being overly broad, the Seventh Circuit stayed that ruling pending appeal to the Supreme Court. The motions filed by the Justice Department end the litigation, and the Trump rule can no longer be enforced.  

Media

Immigration Advocates From Illinois Celebrate The End Of The Expanded Public Charge Rule, WBEZ, March 11, 2021

Immigration advocates in Chicago celebrate end of Trump era changes to public charge rule, Chicago SunTimes, March 10, 2021

Sin miedo al futuro: activistas en Illinois celebran freno a la regla de carga pública, Telemundo Chicago, March 10, 2021