Supreme Court Declines to Hear Republican Defense of Trump-Era ‘Public Charge’ Immigration Policy 

The U.S. Supreme Court on Monday declined to hear a petition filed by 14 Republican-led states that challenged President Joe Biden’s revocation of the Trump-era “public charge” immigration rule. 

The public charge rule relates to welfare-dependent immigration and prohibits migrants from staying in the country if it is determined they are likely to use welfare programs. 

In 2019, former President Donald Trump’s administration expanded the definition of “public charge” to include “in-kind” government benefits, such as retirement, welfare, health, disability, and assisted housing, among others.

In March 2021, Biden ended the Trump expansion, instead reverting to a less restrictive definition that limits “public charge” considerations to cash benefits. 

Texas Attorney General Ken Paxton led the lawsuit, along with attorneys general from Alabama, Arizona, Arkansas, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Ohio, Oklahoma, South Carolina and West Virginia.

The crux of the legal challenge was whether the Republican-led states could intervene and defend Trump’s expansion of the “public charge” policy before Biden’s reversal. The states petitioned the Supreme Court for review because lower courts held that it was too late for states to intervene. 

Although SCOTUS blocked their challenge, Paxton recently filed another lawsuit challenging the Biden administration’s changes to the public charge rule.

As Breitbart News detailed:

“The Biden Administration has demonstrated its intent not to enforce the law and to open the borders to illegal aliens who will be dependent upon welfare benefits,” a press release from Paxton’s office obtained by Breitbart News says.

Normally, immigrants provide financial proof that they would not sap taxpayer funds. The Biden administration’s rule “prevents consideration of statutorily required factors when determining whether an alien is likely to become a ‘public charge.’”

“The Biden Administration is committed to opening the borders to aliens who lack the ability to take care of themselves. Texans should not have to pay for these costly immigrants, nor should any other American,” Paxton said. “I will continue to defend the rule of law and fight to ensure that the massive costs of illegal immigration don’t further burden taxpayers.”

Paxton’s latest lawsuit will be heard in federal court before the U.S. District Court for the Southern District of Texas.

The case is Texas v. Cook County, No. 22-234 in the Supreme Court of the United States.

Jordan Dixon-Hamilton is a reporter for Breitbart News. Write to him at jdixonhamilton@breitbart.com or follow him on Twitter.