Report: Texas Attorney General Sues Biden Administration Over Welfare Rule for Immigrants

Texas Attorney General Ken Paxton filed a lawsuit against the Biden administration over a recent change in rules involving immigrants and their ability to receive government-issued welfare benefits. Paxton confirmed the exclusive report from Breitbart News on Twitter. 

According to information from the Department of Homeland Security, the Fair and Humane Public Charge Rule reinstate the “historical understanding of a ‘public charge’ which had been in place for decades, until the [Trump] administration began to consider supplemental public health benefits such as Medicaid and nutritional assistance as part of the public charge inadmissibility determination. The rule change…speaks to the Biden administration’s commitment to restoring faith in our legal immigration system.”

However, as a counter, the Texas Attorney General’s office argues that the change in rules “prevents consideration of statutorily required factors when determining whether an alien is likely to become a ‘public charge.'”

Paxton’s office said the federal immigration law requires that a “public charge” immigrant determination, which bars migrants from remaining in the country “if they are likely to use” welfare programs, including food stamps, government housing aid, and Medicaid.

“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,” read a press release issued by Paxton’s office.

The press release continued, “The Biden administration is committed to opening the borders to aliens who cannot take care of themselves. Texans should not have to pay for these costly immigrants, nor should any other American. 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.”

According to studies, taxpayers are billed roughly $1,600 per year per immigrant, and households of immigrants absorb 33% “more cash welfare than American citizens.”

Around 63% of “noncitizen households use at least one form of public welfare, while only 35% of native-born American households are on welfare,” as reported by Breitbart.

Texas AG suit alleges rule change limits “public charge”

The Texas Attorney General’s office asserts in its lawsuit the rule change limits “public charge” considerations for cash benefits with no regard for “in-kind” government benefits, including health, retirement, postsecondary education, welfare, disability, food, and assisted housing, along with others. The noncash benefits were part of an expansion of a rule in 2019 by former President Donald Trump.

According to the text in the lawsuit, the rule change also “de-fangs the statutory requirement ‘rendering most family-sponsored applicants automatically inadmissible on public charge grounds unless they obtained an enforceable affidavit of support from a sponsor’ by prohibiting a meaningful evaluation of whether the affidavit is true and correct.”

The Texas AG office claims in its suit the Biden rule change intends to ensure that “virtually no alien is ever found to be a public charge.”