This week, the U.S. District Court for the Southern District of New York (SDNY) issued a preliminary injunction blocking the enforcement of the Trump Administration’s 2019 regulation titled “Inadmissibility on Public Charge Grounds”.
The Public Charge Rule was initially introduced in August of 2019 and has been viewed by many as an extensive and overly burdensome “wealth test” that goes far beyond the existing requirement that green card applicants and those seeking admission to the U.S. from overseas demonstrate that they are not likely to become a public charge (e.g., rely on certain means-tested public benefits).
The SDNY's 2019 preliminary injunction against the public charge rule was ultimately stayed by the Supreme Court allowing the rule to take effect nationwide as of February 24, 2020, while the legality of the rule continues to be litigated in Federal Court. The new injunction, however, focuses on the impact the COVID-19 pandemic and the fact that the new public charge rule has discouraged many immigrants from seeking medical or other financial assistance during the pandemic for fear of running afoul of the extremely stringent new public charge requirements, which in addition to receipt of means-tested public benefits, examine an individual’s age, credit history, health status, health insurance, education levels, family size, assets and liabilities, and employment history in assessing whether they are eligible for admission to the United States.
Following the issuance of the injunction, New York Attorney General Letitia James, stated:
“For nearly five months, the Public Charge Rule has further exacerbated the public health crisis the country faces by punishing New York and other immigrant-rich states — stripping families of their ability to access basic services. Immigrants have been on the front lines fighting this pandemic from the start, and today’s injunction will ensure they are not targeted for obtaining health coverage or other vital services, as they continue to battle COVID-19.”
It is expected that the administration will again challenge the new injunction in court and D&S will continue to monitor and provide updates as they become available.
UPDATE: On September 11, 2020, the Second Circuit Court of Appeals issued a decision permitting USCIS to resume implementation of the new public charge rule nationwide. On September 22, 2020 USCIS updated its website to indicate that while it will continue to apply the new public charge rules to all cases post-marked after the rule’s original February 24, 2020 effective date, cases that were approved during the time the rule was enjoined between July 29, 2020 and September 22, 2020, will not be re-adjudicated. In addition, the notice states that in light of these changes, any adjustment of status applications post marked before October 13, 2020, that requires a Form I-944 Declaration of Self-Sufficiency but were not initially submitted with one due to the injunction, will receive a Request for Evidence (RFE) requesting submission of the Form I-944. Applications that require but do not contain a Form I-944 that are postmarked after October 13, 2020, will be rejected.
UPDATE: On November 2, 2020, a Federal District Court in Illinois vacated the public charge rule nationwide with immediate effect, including the requirement that a Form I-944 be submitted with adjustment of status applications for individuals subject to the public charge grounds of inadmissibility.
UPDATE: On November 3, 2020, a Federal Circuit Court issued an administrative stay of the District Court’s vacatur of the public charge rule pending an appeal which is effective immediately. Accordingly, adjustment of status applications must be filed with the Form I-944 for the time being.