Texas sues Biden over immigration rule that ‘burdens’ taxpayers
Texas Attorney General Ken Paxton is suing over a Biden administration rule that sets guidelines for how the federal government determines which noncitizens should not be allowed into the country because they are likely to become overly dependent on government assistance.
The so-called “public charge” rule has existed in some form for more than a century, though it’s undergone many changes over the years depending on the presidential administration.
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Paxton, a Republican, in a 24-page suit filed in federal court Thursday, accused Biden’s White House of making its version of the rule, which went into effect Dec. 23, too lax. It only considers cash benefits, for example, but not in-kind government benefits that an immigrant may need if admitted into the U.S.
“The sum of the 2022 rule’s changes are seemingly intended and designed to ensure — and will ensure — that virtually no alien is ever found to be a public charge,” Texas’ suit reads, referring to immigrants lacking permanent legal status.
Out of almost 48,000 applicants, not one was ultimately considered to be a public charge under the stricter Trump-era rule, according to the Department of Homeland Security.
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Paxton’s suit alleges that the Biden administration did not adequately explain its decision to ease the guidelines that the Trump administration had tightened, which it says constitutes a violation of federal administrative law.
“The Biden administration is committed to opening the borders to aliens who lack the ability to take care of themselves. Texans should not have to pay for these costly immigrants, nor should any other American,” Paxton said in a statement. “I will continue to defend the rule of law and fight to ensure that the massive costs of illegal immigration don’t further burden taxpayers.”
The Department of Justice, which represents the federal government in court, could not immediately be reached for comment.
The suit is one of more than two dozen that Paxton has filed against the administration since Biden took office.
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Texas and other Republican states had sued to resurrect the Trump-era rule from 2019, but last summer a federal appellate court ruled against them and the Supreme Court dismissed the case.
Separately, Paxton is seeking to intervene in the case and defend Trump’s version of the rule, which the Supreme Court justices are set to discuss at their conference Friday after lower courts denied his request as untimely.
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