Attorney General Alan Wilson Joins 13-State Coalition to Defend Public Charge Rule at U.S. Supreme Court
(COLUMBIA, S.C.) – May 6, 2021 – Attorney General Alan Wilson joined a coalition of 13 states to defend the Public Charge Rule, a federal immigration policy that ensures noncitizens can financially support themselves in order to become U.S. citizens or obtain green cards. The states are asking the Supreme Court of the United States (SCOTUS) to allow them to intervene in a lawsuit to defend the Public Charge Rule after the Biden Administration abandoned defense of the rule earlier this year.
For over a century, Congress has had a Public Charge requirement in one form or another. Under existing federal immigration law, noncitizens are not eligible to receive a green card if they are reliant upon government assistance, otherwise known as a “public charge.” In 2019, the Department of Homeland Security (DHS) created a rule that expanded the definition of “public charges” to include anyone who received certain government benefits (like Medicaid or food stamps) for more than 12 months over a three-year period.
“Legal immigrants helped build this country and make it as great as it is. However, taxpayers should not be burdened by immigrants who come here unable to support themselves and end up receiving public benefits,” Attorney General Wilson said. “There’s also a legal question that needs to be settled about the way the Biden administration handled this.”
South Carolina and the other states have a significant interest in upholding the Public Charge Rule because it reduces demand on already over-stretched government assistance programs. The federal government only pays a portion of the costs involved in many of the programs at issue, therefore increasing the strain on over-stretched state assistance programs. It is estimated the rule will save the states $1.01 billion annually in direct payments.
Joining Attorney General Wilson are attorneys general from the states of Arizona, Alabama, Arkansas, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Oklahoma, Texas, and West Virginia.
You can read the motion and petition here.
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