A rule affecting lawful immigration and affordable housing, known as the “Public Charge Rule,” has been rescinded by the Biden administration in a move the National Association of Home Builders calls “a win.” Formally known as the Inadmissibility on Public Charge Grounds regulation, the ruling grouped immigrants receiving government assistance into the definition of “public charge,” but in doing so, included foreign nationals working toward permanent residence and nonimmigrant workers seeking to extend their stay, says NAHB. This affected the industry by limiting legal immigration, ultimately affecting the home building workforce.
NAHB also expressed concern that the proposed public charge rule implicated Section 8 housing programs and the NAHB members who work within these programs, by including housing assistance as a factor in determining public charge status.
Soon after the Public Charge Rule was enacted, a number of entities filed suit challenging its legality. In November 2020, the U.S. District Court for the Northern District of Illinois held that the Public Charge Rule violated the Administrative Procedure Act. The court’s ruling echoed comments NAHB filed on the rule when it was first proposed in 2018.