SCOTUS allows for public charge rule to take effect

The United States Supreme Court voted 5 to 4 to allow the Trump administration to implement its public charge rule, which would make it more difficult for immigrants receiving public benefits to receive green cards, The New York Times reports.   

Legal challenges will continue, as the court’s decision only lifted preliminary injunctions stopping the rule from going into effect as they are being litigated. Following the decision, immigrants who rely on public assistance like SNAP and Medicaid will face increased difficulties obtaining permanent legal status. 

The rule will disproportionately affect New York, which has both a more robust social welfare net compared with much of the country and a large foreign-born population. Earlier reports about the public charge rule have already dissuaded many immigrants from continuing to participate in government programs even before its implementation. Non-citizens in New York City were forgoing SNAP benefits at a faster rate than citizens, according to a report from two city agencies last summer. 

Not all immigrants receiving benefits will be affected. The rule excludes asylum-seekers, refugees, and victims of domestic violence, and receiving state-funded benefits won’t jeopardize an applicant’s green card process. Plus, merely being eligible for a public benefit could count against an applicant, which means avoiding assistance also may not help to avoid the rule. Ultimately, as nonprofits and city officials have made clear in the past several months, the best way for immigrants to know how they’re affected is to consult with an immigration attorney.