October 29, 2021

Supreme Court to hear Arizona immigration challenge

The Attorney General wants to force the enforcement of an immigration rule the federal government no longer wants to defend.

SCOTUS Outlook U.S. Supreme Court building, Washington, D.C.
Pixabay

The U.S. Supreme Court agreed Friday to hear a case brought by Arizona Attorney General Mark Brnovich and other states.

The justices agreed to hear arguments about whether or not the state has the right to step in and defend rules in court if the federal government has decided to no longer do so.

The issue surrounds the so-called public charge rule that forces immigrants to prove they can financially support themselves.

It was put forward by the Trump administration but challenged in court. Legal filings show the Biden administration initially continued to defend the rule but then stopped defending it, which had the effect of allowing it to fade away.

Brnovich argues that the state has an interest in allowing the enforcement of the rule to continue.

The court will not hear arguments about whether or not the rule should continue, only whether Arizona and the co-plaintiff states can step in and defend the rule in court.

The justices will rule on the question before the end of the summer.

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