The Supreme Court Dismissed Appeal on the “Public Charge” Policy — What It Means
The Supreme Court has twice declined to revive the Trump-era 2019 “public charge” rule.
- March 9, 2021: At the new administration’s request, the Court dismissed the pending appeals, leaving lower-court orders vacating the 2019 rule in place. DHS then formally removed that rule from the regulations.
- June 15, 2022: In Arizona v. City & County of San Francisco, the Court dismissed the case as improvidently granted, shutting down a multistate attempt to defend the 2019 rule after DOJ stopped doing so.
Bottom line today: The restrictive 2019 standard is not in effect. Instead, DHS’s 2022 Public Charge Final Rule controls. Effective December 23, 2022, it restores the longstanding approach: officers consider factors like age, health, family status, assets, education/skills, and (when required) a valid Affidavit of Support—but do not count noncash benefits such as Medicaid (with limited exceptions), SNAP, WIC, or housing assistance when deciding public-charge inadmissibility.
Practical takeaways for family and employment cases
- If you are applying for a green card now, expect the 2022 rule to apply to your I-485 (adjustment) or consular case. Use USCIS’s public-charge resources to understand what evidence is—and isn’t—relevant.
- The I-864 Affidavit of Support still matters where required; ensure income, tax transcripts, and domicile evidence are consistent. (Public charge is separate from means-tested benefit eligibility.)
- State efforts to revive the 2019 rule in the Supreme Court have failed; litigation continues in some lower courts, but the 2022 rule remains governing policy.
What you should do
Bring a clear financial picture (pay stubs, tax transcripts, job letters) and avoid over-disclosing noncash benefits that are not considered under the 2022 rule. If you previously delayed filing out of fear of the 2019 rule, you may be able to proceed under the current, narrower standard.
If you want, I can review your facts against the 2022 rule and flag any public-charge or affidavit issues before you file.
