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Independent Living News & Policy from the National Council on Independent Living

Information Alert: Supreme Court Overturns Nationwide Injunction Against the Public Charge Rule

On Monday, the Supreme Court issued a decision that overturned the nationwide injunction against the Department of Homeland Security public charge rule. Read the decision (PDF).

The nationwide injunction was preventing the rule from going into effect. The Supreme Court decision means the public charge rule can now be implemented while litigation continues.

The public charge rule will create additional barriers for immigrants, and especially disabled and poor immigrants, to enter the US or become lawful permanent residents (green card holders). Under the new rule, people who receive or are likely to receive public benefits like Medicaid, housing assistance, SNAP, and certain healthcare subsidies can be denied entry or permanent residency. The presence of disabilities and health conditions, the lack of health insurance, and lower incomes are also taken into account. The public charge rule is discriminatory and harmful. You can read more about it in our previous alert.

As a reminder, several lawsuits have been filed against the public charge rule. This Supreme Court decision stops the preliminary injunction that prevented the rule from taking effect while the lawsuits move forward, but litigation on whether or not the rule is legal still continues. NCIL remains committed to fighting the public charge rule.

It is also important to know that eligibility for public benefits has not changed, and not all immigrants are affected by the public charge rule. Most people who are subject to the new rule are not eligible for the public benefits they are considering, and we urge you not to stop using these or other public benefits unnecessarily. The Protecting Immigrant Families campaign has a lot of great resources, including information about your rights, who the rule applies to, and how you can fight keep fighting the public charge rule.

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