The Trump administration’s revised rule broadened the criteria to include “noncash benefits providing for basic needs such as housing or food” used in any 12 months in a 36-month period. Use of two kinds of benefits in a single month counted as two months, and so on.
The policy was challenged in lawsuits around the nation, and several federal judges blocked it. But in January 2020, by a 5-to-4 vote, the Supreme Court revived the policy while appeals moved forward.
After President Biden took office last year, his administration decided not to defend the policy in court. At the administration’s request, the Supreme Court dismissed a separate appeal that had reached the justices, and lower federal courts took similar actions.
Relying on a nationwide ruling against the policy from the federal court in Illinois and without following administrative law procedures, the administration then revoked the policy. (It has since started the process to issue its own version.)
Critics called the administration’s actions legal gamesmanship meant to ensure that there would be no definitive ruling on whether the old policy was lawful.
Mark Brnovich, Arizona’s attorney general, urged the justices to address what he called “an unprecedented legal maneuver,” adding that “the rule saved the states collectively more than a billion dollars per year.”
But Brian H. Fletcher, a lawyer for the federal government, said only a handful of people were turned down for green cards under the policy. “During the year that the 2019 rule was in effect,” he said, “we know that it affected only about five of the approximately 50,000 adjustment-of-status applications to which it was applied, or about one one-hundredth of 1 percent.”