Late last week, DHS filed a rule with the Federal Register that formally removes the effective 2019 public charge rule from the Code of Federal Regulations. On March 9, 2021, a court order vacating the 2019 public charge rule went into effect, and DHS immediately stopped applying the rule.
Secretary of Homeland Security Alejandro N. Mayorkas said in a statement:
Today, DHS closed the book on the public charge rule and is doing the same with respect to a proposed rule regarding the affidavit of support that would have placed undue burdens on American families wishing to sponsor individuals lawfully immigrating to the U.S. In the weeks ahead, we will work with our federal agency partners and community leaders to ensure immigrants and their families have accurate information about our public charge policies. DHS is committed to implementing reforms that improve our immigration system and reduce unnecessary barriers to legal immigration.
Now, because of the DHS and the Biden Administration's actions, aliens are still eligible for entry even if they are dependent on taxpayer benefits like Medicaid, housing assistance, and food stamps. Due to this action, there is no limit on how long such aliens can participate in these taxpayer-funded entitlement programs.
Also, today, DHS submitted a notice to the Federal Register on the “affidavit of support”. Under Section 213A of the Immigration and Nationality Act, USCIS requires an “affidavit of support” for most family-based and some employment-based immigration categories. The individual who signs the affidavit agrees to financially support the named alien and becomes the sponsor once the alien becomes a lawful permanent resident.
Under the new DHS rule, the evidentiary requirements to sponsor an alien will be dramatically eased - inevitably allowing more aliens to fall through the cracks and become public charges.
Subsequently, eleven states have now filed a motion challenging the dangerous rules recklessly implemented by the Biden Administration, in an attempt to ensure that aliens can financially support themselves to become citizens or LPRs.
The motion is led by the Arizona Attorney General, Mark Brnovich, and is included in the state's lawsuit that challenges Biden’s disastrous 100-day halt to deportations. Attorneys General from Alabama, Arkansas, Indiana, Kansas, Louisiana, Mississippi, Montana, Oklahoma, Texas, and West Virginia have since joined Arizona’s lawsuit.
AG Brnovich pointedly explained:
”While regardless of one’s position on immigration reform, this reckless violation of federal law is only creating another national crisis and putting additional strains on our state and hardworking Arizona taxpayers”. He added that the “invalidation of the Public Charge Rule will impose injury on the states” totaling approximately “$1,010,000,000 in foregone savings and transfer payments annually.
Unsurprisingly, given the recent gag-orders throughout the department to prevent the administration's failings from reaching the public, the DHS did not respond to a comment request from The Epoch Times.
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