The Biden Justice Department on Tuesday asked the Supreme Court to dismiss a case addressing former President Donald Trump’s immigration rules.
The case, which the court accepted for argument in February, is set to examine the legality of Trump’s so-called “public charge” rule, which bans immigrants eligible for government benefits to obtain permanent residency. Acting Solicitor General Elizabeth Prelogar, in a two-sentence letter to the court, wrote that all parties involved no longer had an interest in pursuing the case.
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The court accepted the case after the Trump administration in a 2019 rule altered its definition of “public charge” to expand the number of people who would be rejected for residency. The states of New York, Connecticut, and Vermont opposed the administration’s rule change, alleging that Trump had violated federal law.
The New York-based 2nd U.S. Circuit Court of Appeals last year ruled that Trump had violated federal law. The Supreme Court was considering an appeal from the Trump administration. When Biden took office, it was widely expected that he would cease to pursue the case.
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Biden’s administration has flipped its positions on a number of immigration cases that Trump appealed to the Supreme Court. Biden, shortly after taking office, killed a case concerning Trump’s “remain in Mexico” policy and one related to the funding of the Mexican border wall.
Some of Biden’s first executive orders took aim at previous Trump Supreme Court immigration victories. Biden reversed Trump’s so-called “Muslim ban” and re-added illegal immigrants to census apportionment on his first day in office. Both issues were ones on which Trump had received a favorable nod from the Supreme Court.
