Search
Contact
Login
Share this article
One day after a federal court in Illinois struck down the Department of Homeland Security’s public charge rule in its entirety, an appeals court has paused that order, allowing DHS to continue enforcing the contested rule for now.
Key points:
Background: Since the public charge rule was finalized last year, it has been subject to multiple legal challenges and its implementation has been stopped and started again by numerous court orders. USCIS implemented the rule on Feb. 24, 2020, after the Supreme Court paused temporary nationwide injunctions that blocked the rule. In the current case, however, the lower court issued not a temporary injunction but a final order vacating the rule as unlawful. The appellate ruling has put the lower court final order on hold.
BAL Analysis: For now, the public charge rule continues to be implemented and applicants should continue to work with their BAL professional to provide the forms and documentation related to the rule. This lawsuit does not affect the State Department’s version of the rule that applies to visa applicants outside the U.S. and that remains on hold by a separate court order.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The Department of State announced on Sept. 9, that the annual limit for Employment-Based Third Preference (EB-3) immigrant visas and…
The Department of State announced on Sept. 8, that the annual limit for Employment-Based First Preference (EB-1) immigrant visas has…
The State Department updated its guidance on Sept. 6 for all nonimmigrant visa (NIV) applicants scheduling visa interview appointments,…
The Department of Labor posted the latest processing times for permanent labor certification (PERM) and prevailing wage determination (PWD)…