Make the Road New York v. Pompeo

Case Overview

In 2019, the National Immigration Law Center and co-counsel filed the first federal lawsuit challenging the legality of three interrelated “public charge” rules set forth by the Trump administration. These rules sought to transform the United States’ longstanding family-based immigration system into a system that favored the wealthy and discriminated against people of color.

The “public charge” inadmissibility test has been part of federal immigration law for over 140 years. It seeks to identify people who will depend on the U.S. government as their main source of support in the future. If an immigration or consular official determines that someone is likely to become a “public charge,” the government can deny that person’s application for admission to the United States or an application for lawful permanent resident status (LPR status, also called a “green card”).

Beginning in 2018, the Department of State under the Trump administration began issuing rules that radically expanded the definition of “public charge” from someone who is predominantly reliant on government aid for subsistence to anyone who may access federal aid, in any amount, at any time in the future, even if they had become a U.S. citizen. The rules also included a presidential proclamation that would require immigrants to demonstrate the ability to obtain certain types of private health insurance within 30 days of arrival.

On July 29, 2020, the district court issued a preliminary injunction against all three rules. After the Biden Administration took office, the administration announced that it would rescind the presidential proclamation and take administrative action to reverse the other two rules.

The Biden Administration public charge regulations went into effect on December 23, 2022. The Biden Administration rescinded the Trump Administration’s presidential proclamation and largely reinstated the policies that existed prior to the Trump administration. The public charge regulations issued by the Biden Administration also included important clarifications about issues such as which immigrants are exempt from the public charge ground of inadmissibility, and under which circumstances the receipt of public benefits will or will not be considered in a public charge determination.