The public charge rule—a controversial immigration policy introduced under the Trump Administration—has once again been blocked nationwide by a U.S. District Court. This decision follows an earlier ruling that limited the injunction to only three states. At present, U.S. Citizenship and Immigration Services (USCIS) is prohibited from enforcing the new public charge requirements, including the use of Form I-944, Declaration of Self-Sufficiency.
Although the matter could still reach the U.S. Supreme Court for review, USCIS is currently barred from implementing the Trump-era changes.
Important Update
Just one day after the nationwide suspension, the Seventh Circuit Court of Appeals reversed the lower court’s decision—temporarily allowing the rule to remain in effect until at least November 17, 2020. This date marks the government’s deadline to submit a new appeal brief regarding the earlier injunction.
Table of Contents
- What Is the Public Charge Rule?
- Why Was the Public Charge Rule Blocked?
- Will the Public Charge Rule Be Applied Again?
What Is the Public Charge Rule?
The public charge rule acts as a type of financial eligibility test for immigrants seeking to enter or remain in the United States. It allows the government to deny green cards or status adjustments to foreign nationals who are deemed likely to depend on public benefits in the future.
While the concept of “public charge” has existed since 1996, the Trump Administration’s revision significantly expanded its scope. Under the revised rule, individuals using more than 12 months of public benefits within a 36-month period could be denied immigration benefits. The policy also broadened the list of public benefits to include programs such as Section 8 housing assistance and the Supplemental Nutrition Assistance Program (SNAP).
In practice, this version of the rule made it more difficult for many lower-income immigrants to qualify for permanent residency or visa extensions.
Why Was the Public Charge Rule Blocked Nationwide?
Judge Gary Feinerman of the U.S. District Court for the Northern District of Illinois ruled that the administration violated the Administrative Procedure Act (APA) when implementing the new rule. The APA sets the legal process federal agencies must follow when proposing or adopting new regulations.
Because the administration acknowledged that it had bypassed key procedural requirements, the judge determined that the rule must be blocked nationwide. In addition, the court found that the revised rule discriminated against non-white immigrants, further supporting the injunction.
Will the Public Charge Rule Be Applied Again?
The fate of the public charge rule has been uncertain, marked by a series of judicial reversals and temporary reinstatements. Although the recent ruling offers relief to many immigrants, the federal government has signaled its intention to appeal. Ultimately, the Supreme Court may decide whether the rule will be permanently overturned or reinstated.
If the Court agrees to hear the case, it is expected that Justice Amy Coney Barrett would recuse herself because she previously served on the appellate court that reviewed the case.
As of November 2, 2020, USCIS cannot enforce the new public charge rule or require applicants to file Form I-944. Similarly, the U.S. Department of State has been barred since July 29, 2020, from applying the rule to visa applicants abroad. This means that U.S. embassies and consulates—many of which have been closed for routine processing during the pandemic—cannot apply the enjoined public charge guidance, the October 2019 health insurance proclamation, or earlier related directives issued in January 2018.
Need Guidance on Public Charge or Form I-944?
If you are unsure how these ongoing policy changes may affect your immigration status, the immigration attorneys at Green Card Link can provide trusted, up-to-date legal guidance. The attorneys at Green Card Link closely monitor federal immigration rulings to help clients protect their eligibility for green cards and visas.
Contact Green Card Link today to discuss your case with an experienced immigration attorney who understands the complexities of U.S. immigration policy and can help you navigate the latest developments.