In a narrow 5-4 decision Monday, the U.S. Supreme Court opened the door for the Trump administration to implement its controversial public charge policy, which expands the government’s ability to refuse nonimmigrant and immigrant visas based on applicants’ likelihood of becoming “primarily dependent” on government assistance.  Federal judges across multiple jurisdictions blocked the policy before it was scheduled to take effect in October 2019, but the Supreme Court has now lifted the freeze, allowing the policy to take effect everywhere. While the policy is aimed at inhibiting the immigration of low-income individuals, the change will add new, burdensome requirements for all nonimmigrant and immigrant visa applicants, including those with high earnings and net worth, by requiring the submission of extensive financial documentation including credit reports, bank statements, evidence of health insurance maintenance, and proof of assets and liabilities.

The policy also expands the definition of who is “primarily dependent” on government assistance.  Under the current regulations, “primary dependence” is determined by an applicant’s use of cash benefits like Supplemental Social Security Income.  The new policy expands the definition to include the use of non-cash benefit programs like Medicaid, food stamps, and other safety net programs.

Public charge denials spiked under the Trump administration even before the policy was proposed, with the State Department disqualifying more than 12,000 visa applicants on public charge grounds last year after rejecting only 1,033 on the same grounds in 2016 under the Obama administration.  The Supreme Court’s decision will likely further embolden government agencies and lead to even higher rates of public charge-based denials.

Lower courts are expected to hear lawsuits on the public charge policy changes in the coming months. The Supreme Court has not ruled on the merits of these lawsuits and it is possible that it will ultimately review the public charge issue again in the future.

Huddleston Law Group will be closely monitoring the policy’s potential impact on our clients’ immigration pursuits while maintaining a proactive approach in our submission and response strategies.