Attorney General Paxton filed a lawsuit today to stop the Biden Administration from ignoring a federal immigration law, known as the public-charge rule, that prevents illegal aliens from residing in the country if they are likely to rely on taxpayer-funded programs. Federal law has barred the admission of such aliens since 1882, and Congress reaffirmed the rule in 1996 when it enacted the Welfare Reform Act. But the Biden Administration has demonstrated its intent not to enforce the law and to open the borders to illegal aliens who will be dependent upon welfare benefits.
The Administration’s new rule prevents consideration of statutorily required factors when determining whether an alien is likely to become a “public charge.” Aliens often provide documentation of financial support from family as proof that they won’t become a burden on taxpayers. But the Biden rule prohibits a robust and meaningful investigation into the veracity of this documentation. Attorney General Paxton’s lawsuit alleges that the December 2022 rule was adopted in violation of federal law and is arbitrary and capricious.
The new rule comes after the Biden Administration surreptitiously attempted to repeal a previous public-charge rule by refusing to defend it in lawsuits brought by the Administration’s open-borders activist allies. In addition to filing this lawsuit against the new rule, Attorney General Paxton has petitioned the United States Supreme Court to be allowed to defend the prior rule that the Biden Administration refuses to defend.
“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,” said Attorney General Paxton. “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.”
To see a copy of the full lawsuit, click here.
