Public Charge Update

On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) enjoined the Department of Homeland Security (DHS) from enforcing the Trump Administration’s Public Charge Rule during the declared national health emergency on account of the COVID-19 pandemic. On July 31, 2020, U.S. Citizenship and Immigration Services (USCIS) provided additional guidance in response to the court order, found here.

Pursuant to USCIS guidance, immigration officers will now apply the 1999 Interim Field Guidance to the adjudication of any application for adjustment of status on or after July 29, 2020, for as long as the injunction is in effect. In February 2020, USCIS began adjudicating applications under the Administration’s Public Charge Rule, which dramatically expanded the definition of "public charge," broadened the scope of factors considered in making a public charge determination, and also began requiring applicants report certain information related to public benefits. This development made it easier for immigration officials to deny cases on public charge grounds.

As a result of the July 29, 2020 court order, USCIS has advised it will not consider any information provided by an applicant or petitioner relating to the Public Charge Rule, including information provided on the Form I-944, or information on the receipt of public benefits on Form I-539, I-539A or Form I-129.

Individuals whose applications or petitions are postmarked on or after July 29, 2020, need not file the Form I-944 or provide information about the receipt of public benefits on the Form I-485, Form I-129, or From I-539/I-539A. USCIS will not reject any Form I-485 based on the inclusion or exclusion of Form I-944 and will not reject cases for having provided or omitted the information relating to the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A or Part 6 on Form I-129.

The court also barred the U.S. State Department from applying its analogous "public charge" rules, including the president’s Health Care Proclamation, to applications for visas at U.S. embassies and consulates abroad.

Although litigation is ongoing, this injunction is a victory that will help ensure immigrants do not forgo seeking medical attention for fear that they will be targeted for obtaining care or other basic and vital services due to COVID-19 as the country continues to battle this major health crisis.

Update

On August 12, 2020, the Second Circuit limited the nationwide injunction to Connecticut, New York, and Vermont.

Added on August 17, 2020