Biden asks Supreme Court to dismiss challenge to Trump’s ‘public charge’ rule

The Biden administration asked the Supreme Court Tuesday to dismiss an upcoming case challenging the Trump’s administration’s “public charge” rule, which limited access to green cards for those deemed likely to accept public assistance.

The Supreme Court last month agreed to hear challenges to the 2018 rule, which had been challenged by numerous states and advocacy groups who argued it amounted to a wealth test for immigrants. 

The new filing, which notes that all parties agreed to asking the court to toss the case, signals the Biden administration is likely to scrap the rule on its own.

The Biden administration has taken a similar posture in other major immigrations cases, convincing the court to cancel hearings on cases challenging former President Trump’s border wall and his changes to the asylum process.

It has already mandated a review of the public charge rule by the Department of Homeland Security in an early February executive order.

The rule has already been tied up in litigation for years, with the Supreme Court previously setting aside other lower court injunctions freezing it.

While critics argued the rule blocked those who may qualify for food stamps or other social safety nets, the Trump administration argued it was in the best interest of the United States to ensure immigrants could be self-sufficient.