Biden undoes Trump green card clamp

CHICAGO－A Donald Trump-era immigration rule denying green cards to immigrants who use public benefits like food stamps was dealt a likely fatal blow on Tuesday after the administration of US President Joe Biden dropped legal challenges, including before the Supreme Court.

Continuing to defend the rule "is neither in the public interest nor an efficient use of limited government resources", the US Department of Homeland Security said.

The Supreme Court will not weigh in on the legality of the so-called public charge rule because of an agreement by the Biden administration and the parties and states challenging it.

The Justice Department also dropped objections to a ruling before the 7th US Circuit Court of Appeals, upholding a federal judge's November order striking down the rule nationwide.

The moves were the latest outgrowth of the Biden administration's effort to undo the Trump administration immigration policies. The new administration recently dismissed high court appeals over Trump's effort to deny funding to so-called sanctuary communities.

The justices, at the administration's request, also put off cases they had agreed to hear over the funding of portions of the wall along the border with Mexico and the policy of forcing asylum-seekers to wait in Mexico for their hearings.

Immigrant rights advocates celebrated Tuesday's court action on the public charge rule.

Trump's administration touted the rule first proposed in 2018 as a way to ensure only those who are self-sufficient come to the United States. Immigrant rights advocates said it amounted to a "wealth test" and public health experts said it would lead to poorer health outcomes.

"After four years of fighting the rule from the first time it was officially announced, it is officially dead," said Aaron Reichlin-Melnick with the American Immigration Council.

The high court in late February agreed to hear a Trump administration appeal, first filed last year, of a lower-court ruling against the public charge rule.

'Top-to-bottom' review

The policy allows the denial of permanent residency status to immigrants because of their use of food stamps, Medicaid, housing vouchers or other public benefits. The justices agreed to hear the case even as Biden called for a "top-to-bottom" review of the rule.

On Tuesday, the Biden administration withdrew the appeal, saying all parties involved agreed to dismiss the case. The administration took similar action before the appeals court in Chicago.

After US District Judge Gary Feinerman's ruling striking down the rule on the eve of the election, US Citizenship and Immigration Services ceased applying it to all pending applications and petitions across the country. But it changed course on Election Day after the federal appeals court allowed the rule reinstated while it considered the case.

Immigrant groups opposed to the policy said the agreement on Tuesday cleared "the way at last for this unlawful rule to no longer be enforced". Previously, the Supreme Court had divided 5-4 over allowing the policy to take effect while the legal challenge continued. That legal challenge involved New York, Connecticut, Vermont, New York City and several organizations.

Under Trump's policy, applicants for green cards had to show they would not be burdens to the country or become "public charges".

Federal law already required those seeking permanent residency or legal status to prove they would not be a "public charge". But the Trump administration rule included a wider range of programs that could disqualify them.

Agencies - Xinhua