PHOENIX -- Arizona Attorney General Mark Brnovich will personally argue before the Supreme Court of the United States (SCOTUS) tomorrow (Wednesday) to defend the 2019 Public Charge Rule. The common-sense immigration policy requires certain noncitizens to be responsible, self-sufficient, and contributing members of society in order to obtain green cards. President Biden abandoned the rule last year in a strategic surrender, but General Brnovich’s Office stepped in to defend the law.
How to Livestream Arguments
- Arguments will be livestreamed at 8 AM MST.
What is the Public Charge Policy?
- The Public Charge policy has been part of U.S. Immigration law for more than 100 years. It ensures that certain noncitizens can financially support themselves in order to obtain green cards.
History of Public Charge:
- Federal immigration statutes allow the government to restrict green cards and other visas to certain noncitizens who are “likely at any time to become a public charge.” But lawmakers did not define what “public charge” means.
- In the 1990s, the Clinton administration issued guidance that defined “public charge” as someone “primarily dependent on the government for subsistence."
- In 2019, the Trump administration issued a rule clarifying that certain types of public benefits (Medicaid, food stamps, housing vouchers) should be considered in making the public charge determination.
- In March 2021, the Biden administration abandoned the Trump rule.
Main Legal Argument:
- The question the Court is considering is whether a state can step in to defend a rule when a federal defendant has ceased to defend the rule, as Attorney General Brnovich did with the Public Charge Rule.