Arizona is leading a coalition of 13 states to defend the Public Charge Rule, a federal immigration policy that ensures noncitizens can financially support themselves to become U.S. citizens or obtain green cards. Joining Arizona are attorneys general from the states of Alabama, Arkansas, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Oklahoma, South Carolina, Texas, and West Virginia.
In 2019, the Department of Homeland Security (DHS) created a rule that expanded the definition of “public charges” to include anyone who received certain government benefits (like Medicaid or food stamps) for more than 12 months over a three-year period. U.S. Citizenship and Immigration Services (USCIS) stopped applying the Public Charge Final Rule to all pending applications and petitions on March 9, 2021. USCIS removed content related to the vacated 2019 Public Charge Final Rule from the affected USCIS forms and has posted updated versions of affected forms.
The states are asking the Supreme Court of the United States to allow them to intervene in a lawsuit challenging the policy after the Biden Administration abandoned defense of the rule earlier this year. Arizona led a coalition of 13 states in March at the Ninth Circuit to intervene in the lawsuit but was denied.
Arizona and the other states are also asking Supreme Court of the United States (SCOTUS) to grant review of a Ninth Circuit decision that invalidated the Public Charge Rule. Previously, SCOTUS granted review of a case involving the same issues. But, after SCOTUS agreed to hear the case, the Biden Administration abruptly shifted course. Without any notice or warning—and breaking established norms—it sprung an unprecedented, coordinated, and multi-court gambit to dismiss all pending cases pursuant to a settlement. Attorney General Brnovich believes that the validity of the Public Charge Rule should be decided on its legal merits, not pervasive strategic surrenders by the Biden Administration.
Congress has had a Public Charge requirement in one form or another for over a century according to the Attorney General’s Office. Under existing federal immigration law, noncitizens are not eligible to receive a green card if they are reliant upon government assistance, otherwise known as a “public charge.”
Arizona and the other states claim to have a significant interest in upholding the Public Charge Rule because it reduces demand on already over-stretched government assistance programs. The federal government only pays a portion of the costs involved in many of the programs at issue, therefore increasing the strain on over-stretched state assistance programs. It is estimated the rule will save the states $1.01 billion annually in direct payments. For example:
In 2019 Arizona spent $3,059,000,000 on Medicaid benefits. Increasing the number of Medicaid participants would increase the State’s spending on Medicaid (the costs of which typically exceed State general fund growth) and would require the State to make budget adjustments elsewhere.
Arizona paid $85 million in maintenance-of-effort costs for Temporary Assistance to Needy Families (TANF) programs in 2019. TANF resources are limited. In 2016, less than a quarter of eligible impoverished families received this assistance.
States incur administrative costs for each Supplemental Nutrition Assistance Program (SNAP) recipient. For FY 2016, Arizona paid $77,730,088 in administrative costs for administering SNAP. By admitting aliens who are unlikely to depend on this resource, the State will save money that would have otherwise gone to fund administrative costs for aliens who would depend on the program.
On Wednesday, the Arizona Senate overwhelmingly voted to pass House Bill 2810, landmark legislation that would reform the state’s civil asset forfeiture law to significantly strengthen innocent Arizonans’ due process and property rights. The bill, HB 2810, sponsored by Rep. Travis Grantham, requires law enforcement to secure a criminal conviction before an individual’s property may be forfeited under the state’s civil asset forfeiture law, under most circumstances.
Currently, law enforcement may seize and keep property from individuals that are never charged or convicted of a criminal offense.
The bill previously passed the House with a strong 57-2 vote, and now heads to Governor Doug Ducey’s desk for his signature.
“This is an historic moment for the due process and property rights in the state of Arizona,” said Lauren Krisai, Senior Policy Analyst for Justice Action Network. “House Bill 2810 ensures that law enforcement cannot permanently take property from innocent Arizonans never charged or convicted of a crime—an egregious process that has gone on for far too long in the state. We thank Rep. Grantham for sponsoring this important bill, and lawmakers from both sides of the aisle for coming together to pass this critical reform. We hope Governor Ducey will sign this bill that better protects the constitutional rights of all Arizonans.”
Currently, Arizona police are under no obligation to return property seized from someone suspected or accused of a crime, regardless of whether a conviction is obtained. In 2018, 54% of all forfeitures in Arizona were not tied to a criminal conviction. To address this crucial issue, House Bill 2810:
Requires a criminal conviction before most forfeitures may take place;
Ensures that seized property is linked to a suspected crime;
Requires law enforcement to return seized property in a timely manner if they decide not to pursue criminal charges or lose the case in court;
Strengthens innocent owner protections by requiring the state to prove that the property is linked to a crime, and return property if it is not. Current law requires innocent owners to prove that their seized property *is not* connected to a crime.
Arizona Congressman Paul Gosar joined his fellow Republican members of the Natural Resources Committee in urging President Biden to support American mining jobs. Gosar, Committee Ranking Member Bruce Westerman and other members of the Committee sent a letter to Biden calling on his administration to “stop selling out those mining jobs to Canada.
According to the Committee members, the Biden Administration has started an effort to meet with representatives from Canadian mining companies to arrange for Canadian mining to displace new American mines in the supply chain for critical minerals and new renewable technology manufacturing. The reports on the meetings highlighted “more-than 30 attendees at Thursday’s meeting who discussed ways Washington can help U.S. companies expand in Canada and overcome logistical challenges, according to the documents.” Additionally, an attendee at the meeting noted that the Commerce Department had not indicated whether they would provide monetary incentives to Canadian players in the mining sector, or to other companies in the supply chain.
Earlier this month, Rep. Gosar wrote an op-ed that highlighted this issue and the importance of critical minerals.
“It is unacceptable that this Administration is bartering the jobs of American miners, steelworkers, and laborers to Canada to make up for a decision it made killing thousands of American pipefitting and welding jobs. American miners and American mineral security should not be used as a trading tool to make up for Mr. Biden’s disastrous foreign policy decisions. The Biden Administration, beholden to radical environmentalists, is shutting down domestic mining while holding secret meetings with Canadian mining companies about opening new mines in Canada,” said Gosar.
“Meanwhile, House Natural Resource Committee Democrats are attempting to undo a bipartisan, bicameral agreement to develop one of the largest copper and tellurium mines in the United States. Our nation has been blessed with tremendous resources, the strongest environmental protections and the best workforce. The Biden Administration and House Democrats should support these good jobs, not pass along those benefits to foreign nations,” argued Gosar.
That this Administration, through the Department of Commerce, is working to trade the jobs of American miners, steelworkers, and laborers to Canada to make up for a decision you made that killed thousands of American pipefitting and welding jobs and tens of thousands of Canadian oil and gas jobs is unacceptable. American miners and American mineral security should not be used as tools to be traded away to make up for your disastrous foreign policy decisions. American mining and smelting jobs are some of the highest paying jobs in our nation and your Administration should be fighting to create more of these jobs domestically, not using taxpayer resources to encourage Canada to steal our jobs and the opportunity they present to America. It makes no sense to actively kill mining jobs in Minnesota, Arizona, and Alaska while turning to Canada and asking them to open mines to fill the gaps. READ THE FULL LETTER HERE
“America leads the world in clean, safe mining. We should keep it that way. While our Democrat colleagues attempt to ban, prohibit and regulate the mining and energy industries into oblivion, we want to incentivize new innovation and more jobs right here at home. There’s no reason to outsource our mining needs overseas, where we have no control over environmental standards. American workers deserve better,” said Westerman.
“President Biden supports Canadians mining just miles from my district and in our very same watershed. Why are Canadians allowed to have high-wage, high-quality jobs, but Democrats oppose jobs within our borders? We have America’s domestic mineral needs in Minnesota, Arizona, and throughout the country. Let’s do it here with our workers earning high wages for their families and providing funding to our schools and communities,” said Rep. Pete Stauber.
Rep. Lauren Boebert stated, “I’m disappointed but not surprised at the Biden administration’s efforts to destroy America’s mining industry. Biden’s America last policies take jobs away from American workers, hurt rural communities, and decimate our economy while strengthening China’s. The Green New Deal and Biden’s environmental schemes would require a large amount of mining and minerals. Democrats have repeatedly made clear they would rather have children mining with their bare hands in the Congo and other countries than good and safe jobs in America.”
“The Administration policy to increase demand for minerals and then export the mining jobs needed to produce those minerals is another example of President Biden snubbing America’s working families, trashing the global environment and decreasing energy security. In order to power America’s clean energy future, we must fully utilize our own domestic supply of critical minerals and put Americans to work to do so. Our national security and economic prosperity depend on us advancing smart policies that promote American labor and American resources, not increasing U.S. reliance on foreign adversaries with abysmal environmental records – like China – for such vital resources,” said Rep. Garret Graves.
A bill introduced by Rep. Jake Hoffman, HB 2792, which will prevent county recorders from going rogue and sending out ballots to registered voters who did not request them, is one step closer to becoming law.
HB 2792, specifically prohibits a county recorder, city or town clerk or other election officer from delivering or mailing an early ballot to a person who has not requested an early ballot for that election, with certain exceptions. The bill classifies an election officer knowingly providing an early ballot to a person that did not request an early ballot for the election, with exceptions, as a class 5 felony.
“Arizona is one step closer to sending a clear message to activist county recorders that the people of this state don’t want you illegally interfering in our elections by unlawfully mailing early ballots to voters who don’t request one,” said Rep. Hoffman. “The security of our elections, for all voters regardless of Party, is too important to allow one or two rogue recorders to jeopardize it for everyone.”
HB2792 passed the Committee of the Whole in the Senate on Monday. It now only needs one more vote in the Senate to reach the governor’s desk.
In March 2020, a Maricopa County Superior Court judge granted the Arizona Attorney General’s Office’s request for a restraining order to stop Maricopa County Recorder Adrian Fontes from illegally mailing out ballots for the Democratic Presidential Preference Election to voters who had not requested them. Fontes claimed that he was sending out last-minute ballots due to concerns about coronavirus.
Secretary of State Katie Hobbs, a Democrat, agreed with the Attorney General’s Office that there’s nothing in the law that allows Fontes, a Democrat, to do what he planned to do. Hoffman’s bill makes it clear that a Fontes-style mass mailing would be a violation of Arizona law.
Last week, the Small Business Legal Center for the nation’s largest and leading small business association filed an amicus brief supporting the Arizona Attorney General’s lawsuit against the federal government over a provision in the American Rescue Plan Act of 2021 that would prevent states from lowering their own taxes.
The American Rescue Plan Act of 2021 made funds available to states if and only if states agree to not pass any laws or take any administrative actions that decrease their net revenue, whether that decrease comes through tax credits, rebates, reductions in tax credits, or new or expanded deductions.
“Congress passed the American Rescue Plan to relieve some of the financial pressure caused by the pandemic, but a provision that blocks Arizona and other states from cutting taxes is eroding state sovereignty and hurts local businesses,” said Karen Harned, executive director of the NFIB Small Business Legal Center, which filed the brief today in the U.S. District Court of Arizona.
In a March 25 news release announcing the filing of his lawsuit, the Arizona Attorney General said, “It’s unacceptable for the federal government to commandeer states’ tax policies and micromanage their budgets. We will always fight on behalf of hardworking taxpayers and push back against federal overreach.”
“Every state should be insulted by the last-minute amendment the US Senate adopted into the American Rescue Plan,” said Chad Heinrich, Arizona state director for NFIB. “If a state can no longer be a master of its own destiny on tax and spending matters, then we may as well resort to a central planning model run out of DC. What needs to be made clear and repeated often is that the State of Arizona’s financial health is a product of prudent fiscal management with sound policies that attract businesses and residents to live, work and enjoy life in Arizona.”
