Several individuals, organizations, and states including California and New York sued the Trump Administration. They alleged that the new rule is unconstitutional. They also alleged that it was based on racial bias and “disregards clear congressional intent and a century’s worth of case law.”
The DOJ’s move to no longer defend the public charge rule is the latest in its series of decisions since President Joe Biden took office. The Justice Department has been dropping its positions on cases during the Trump administration.
Supreme Court allowed the implementation of the rule
It is noteworthy that the Justice Department’s decision comes over a year after the Supreme Court allowed the Trump administration to implement the rule.
At the time of the Supreme Court’s ruling, a final decision on a nationwide injunction against the rule was still pending at the U.S. Court of Appeals for the Second District.
California Attorney General Xavier Becerra and New York State Attorney General Letitia James continued their legal efforts to permanently stop the implementation of the regulation.
