The rule was intended to prevent recent non-citizen immigrants to the United States from becoming eligible for public assistance.

In December 2020, the United States Court of Appeals for the Ninth Circuit held by a 2–1 vote that the public charge rule was unlawful.

Certiorari was granted in a case reviewing the similar judgment of the United States Court of Appeals for the Second Circuit in February 2021.

That case, Department of Homeland Security v. New York, was dismissed by an agreement between the Biden administration and the plaintiffs in March 2021.

A coalition of states led by Arizona attempted to intervene in defense of the rule in multiple courts across the country and were unsuccessful each time.