On December 2, 2020, the 9th Circuit Federal Court of Appeals upheld two lower court decisions, finding that the administration’s rewrite of the “public charge” rule was arbitrary and capricious and should be blocked from taking effect. This is the second ruling striking down the new rule in the span of a month.
The ruling blocks application of the new public charge rule only within the 9th circuit, which includes Alaska, Arizona, California, Hawai’i, Idaho, Montana, Nevada, Oregon and Washington state. The appeals court disagreed that the injunction should apply nationwide, since several lawsuits challenging the legality of the rule are currently underway in multiple other judicial circuits.
The public charge rule was finalized on October 15, 2019 despite more than 200,000 public comments opposing it. As explained here, among other changes, the rule imposes new wealth, age. education, and English language tests on intending immigrants, with its impact falling on immediate family members of U.S. citizens and permanent residents, likely resulting in nearly half of them being denied residency. Typically, two-thirds of immigrants to the U.S., and to Maine, are immediate family immigrants who strengthen Maine’s communities and grow our workforce and economy. The rule is still in effect in Maine.
The Trump administration will likely appeal this decision, but it remains to be seen whether the Biden administration will defend the rule.