Paxton sues Biden over new rule that increases burden on American taxpayers from illegal immigration

SAN ANTONIO (KTSA News) — Texas Attorney General Ken Paxton is suing the Biden Administration because he thinks federal immigration law is being ignored.

At the center of the lawsuit is what is known as the public charge rule, which 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 Attorney General Paxton says the Biden Administration has no intention of enforcing the law with the intent of opening the border to illegal aliens who will need welfare benefits.

“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.”

Attorney General Paxton says the Administration has a new rule that prevents consideration of statutorily required factors when determining whether an alien is likely to become a “public charge.”

While aliens often give documentation of financial support from family as proof that they won’t become a burden on taxpayers, 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 tried 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.

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