November 5th, 2020 Update: DHS Public Charge Rule
We recently reported that the Form I-944 was vacated nationwide. However, the Seventh Circuit of the N.D. of Illinois issued a decision to vacate the DHS Public Charge Final rule pending an appeal which is effective immediately. Accordingly, adjustment of status applications must be filed with the Form I-944.
(Case: 1:19-cv-06334 Document #: 222). Appeals are expected to follow. We will continue to monitor with more information.
DHS Public Charge Rule Vacated Nationwide
On November 2, 2020, the district court in Cook County, Illinois, et al v. Wolf et. al., (19-cv-6334), granted summary judgment in favor of Plaintiffs on their claim that the Department of Homeland Security’s (DHS) Public Charge Rule, 84 Fed. Reg. 41,292 (Aug. 14, 2019) violates the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et. seq. The district court specifically ruled that (1) the public charge exceeds DHS’s authority under the public charge provision of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(a)(4)(A); (2) is not in accordance with law; and (3) is arbitrary and capricious. Therefore, the court immediately set aside the DHS Public Charge Rule nationwide without staying its decision pending appeal, meaning that DHS may not apply the public charge rule as of today, which includes the submission of Form I-944 and the information contained therein. Although the USCIS has not yet updated its website, the vacatur of the rule is effective immediately.
Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group attorney for any questions or concerns. Click here to stay updated on our weekly alerts.
