Arizona Attorney General Mark Brnovich is preparing to present arguments to the Supreme Court next month regarding a Trump administration policy scrapped by Joe Biden regarding welfare for immigrants.
The “public charge” rule was set out by President Trump in 2019 and created restrictions on permanent residency status for legal immigrants who are likely to be dependent on public welfare assistance while in the US.
The rule says that an immigrant who receives public benefits from a designated list for more than 12 months during three years is defined as a public charge. The designation is to be made when an immigrant applies for a green card or permanent residency.
Brnovich told Fox News that the rule is a “common-sense immigration policy” that protects public assistance programs for Americans when they are in emergency need. Democrat opponents have said that the rule is cruel and discourages immigrants from seeking help for their needy children.
The federal Ninth Circuit Court of Appeals set aside the public charge rule during the Trump administration. The Trump Justice Department appealed to the Supreme Court, and by the time the high court agreed to hear the case, Joe Biden was in office. The Biden Administration dropped the White House’s defense of the rule.
Arizona led 11 Republican states to intervene to uphold the defense of the public charge rule, challenging the Biden Administration’s decision to abandon the defense of the rule. Brnovich said the states are now essentially doing the work that Biden has refused to take on.
If the states are successful before the Supreme Court, it is expected that the court would take up the merits of the rule itself by reviewing the decision of the Ninth Circuit. Even though the court now has a conservative majority, Brnovich is not making any predictions about the case. He stopped by saying that he believes the states are “right on the law and policy.”
Brnovich said that he expects several legal fights between Republican states and the Biden Administration will continue to make their way toward the Supreme Court. He said that administration efforts to socialize the economy, open the nation’s borders, and nationalize elections will keep attorneys general in the states controlled by Republicans busy.