The United States District Court for the Southern District of New York has enjoined the Trump Administration from enforcing or applying the “public charge” rule during the current national health emergency. This is the second nationwide preliminary injunction and temporary stay of application of the “public charge” rule issued by the Southern District. The ruling prevents the application of the public charge rules by both United States Citizenship and Immigration Services (USCIS) and by the Department of States (DOS) at U.S. consular posts abroad.
The public charge rule, previously announced by USCIS on August 12, 2019, states that a foreign national may be denied admission to the United States or adjustment of status to that of a Lawful Permanent Resident if they have received government-issued public benefits such as cash or medical assistance. The rule was clearly a thinly veiled attempt to deny immigration benefits to low income individuals, and has been subject to legal challenges in various jurisdictions throughout the country.
The latest ruling from the Southern District of New York is the second time it has issued a preliminary injunction regarding this rule. On October 11, 2019, the court ordered a nationwide injunction preventing USCIS from considering public charge information; however, on January 27, 2020, the Supreme Court ordered a stay of that injunction. The “public charge” rule then went into effect officially on February 24, 2020. Now, however, with the spread of COVID-19 and many people out of work,new litigation concerning the rule surfaced. With this latest nationwide injunction in place, the “public charge” rule is suspended and will remain as such while there is a declared national health emergency due to COVID-19.
If you or a family member may be affected by this policy, please contact the attorneys at Green & Spiegel, LLC at (215) 395-8959 to best understand your options.
