Supreme Court Rejects GOP Bid to Revive Trump’s ‘Public Charge’ Rule

The Supreme Court on April 26 declined to take up a motion filed by Republican state attorneys general to resurrect former President Donald Trump’s “public charge” immigration rule, which enabled new restrictions on immigrants who receive some form of government aid. The high court, in its order (pdf), left open the possibility for the attorneys general to try again at a later time, saying that the states can raise arguments before lower courts and return to the Supreme Court if needed. President Joe Biden’s administration formally rescinded the Trump-era rule last month, sparking the lawsuit. The court noted that on March 15, the Department of Homeland Security (DHS) relied on a lower court’s “now-effective judgment to remove the challenged rule from the Code of Federal Regulations without going through notice and comment rulemaking” and that after “DHS had voluntarily dismissed its appeal, a group of States sought leave to intervene,” …

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