Immigration News - United States Second Circuit stays DHS public charge injunction, agency expected to resume implementation Share this article LinkedIn Facebook X (Twitter) September 14, 2020 On Friday, the U.S. Court of Appeals for the Second Circuit granted the government’s request to pause a preliminary injunction that blocked the Department of Homeland Security (DHS) from enforcing its public charge rule. The ruling clears the way for the agency to resume implementation of the public charge rule while the lawsuits work their way through the courts. Key Points: On July 29, U.S. District Court Judge George B. Daniels issued a nationwide injunction, blocking DHS from enforcing the public charge rule during the COVID-19 national emergency. DHS announced that it would halt application of the new public charge regulation, and apply the old rules, in compliance with the injunction. The Second Circuit later narrowed the injunction’s scope to Connecticut, New York, and Vermont, clearing the way for DHS to implement it in the rest of the country. At that time, the government did not issue updated guidance in response to the narrowed injunction, but asked the Second Circuit to pause the injunction, arguing that the District Court lacked jurisdiction. In its ruling on Friday, the Second Circuit agreed. DHS is expected to issue updated guidance in response to this ruling in the coming days. Additional Information: The ruling does not affect the injunction on the State Department’s version of the public charge rule. The State Department announced in August that it would not require applicants to submit forms required by its new public charge regulations so long as the injunction remains in place. BAL Analysis: DHS has not yet responded to the ruling, but is expected to announce that it will resume nationwide enforcement of the new public charge rule. This lawsuit and multiple other lawsuits challenging the regulation continue to progress through the courts. BAL is closely following the litigation and will provide information on significant developments as it becomes available. 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.
Immigration News United States | November 2026 Visa Bulletin: Dates for Filing chart applies, showing no movement across EB categories The U.S. State Department has released the November 2026 Visa Bulletin. U.S. Citizenship and Immigration Services announced filings for… October 22, 2026 Read More
Immigration News United States | H-2B visa processing times as of Oct. 15 Applications for requested need date for second half of fiscal year (FY) 2026 visa cap (Jan. 1–Sept. 30, 2026): The… October 22, 2026 Read More
Immigration News Canada | New round of REDI opens for skilled foreign workers in Ontario through 2027 On Oct. 16, 2026, the government of Ontario announced a new round of the Regional Economic Development through Immigration (REDI)… October 20, 2026 Read More
Immigration News United States | Sudan, Ukraine TPS beneficiaries maintain work authorization pending further USCIS guidance On Oct. 19, 2026, U.S. Citizenship and Immigration Services posted the following statements on Sudan’s and Ukraine’s Temporary… October 19, 2026 Read More