Second Circuit limits scope of DHS public charge injunction to Connecticut, New York, Vermont

The U.S. Court of Appeals for the Second Circuit has significantly reduced the scope of a preliminary injunction blocking the Department of Homeland Security (DHS) from enforcing its public charge rule.

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.
• Under the Second Circuit’s order, the injunction will remain in effect in Connecticut, New York and Vermont, but will be lifted everywhere else in the U.S.
• DHS is expected to issue guidance soon indicating in which circumstances public charge documentation will be required.

Additional Information: The ruling does not affect the injunction on the State Department’s public charge rule. The State Department said last week that it would not require applicants to submit forms required by the new public charge regulations so long as the injunction remains in place.  

BAL Analysis: BAL is closely following the public charge 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.

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