While the court didn’t provide reasoning for the denial, the justices did leave open the possibility that the attorneys general could seek relief in the lower courts.
Solicitor General Noel Francisco, arguing on behalf of the Trump administration, opposed the motion, arguing that the federal government has considered the arguments of the states but concluded that “a wholesale suspension of the rule, just as they sought before the COVID-19 crisis ... is not warranted.”
“Rather than a wholesale suspension, the Executive Branch has instead opted to take more targeted steps to ensure that the rule is being administered in an appropriate way in light of current conditions.”
In a statement on April 24, New York Attorney General Letitia James said that she will continue the fight to suspend the enforcement of the public charge rule amid the pandemic.
“We will soon file an emergency motion in the Southern District of New York because our country cannot afford to wait. The Public Charge Rule threatens the public’s health, our economy, and all New Yorkers—citizens and non-citizens alike. Every person who doesn’t get the health coverage they need today risks infecting another person with the coronavirus tomorrow.”
The public charge rule that went into effect in February makes immigrants inadmissible to the United States or potentially ineligible for permanent residency or a visa renewal if they are likely to become a public charge at any time in the future.
It will consider a person a public charge if they receive at least one government benefit for more than 12 months in aggregate during a three-year period.