USCIS to apply old public charge rules while injunction is in place

U.S. Citizenship and Immigration Services (USCIS) announced Friday that so long as a court-ordered injunction is in place it will apply public charge rules that were in effect before the Department of Homeland Security’s new public charge rule was implemented on Feb. 24.

Key Points:

• U.S. District Court Judge George B. Daniels issued a preliminary injunction on Wednesday, blocking the government from enforcing the DHS public charge rule during the COVID-19 national emergency.
• USCIS said Friday that it would enforce the previous public charge rules while the injunction is in place and that it would issue guidance on the use of any forms affected by the ruling.

Additional information: In a separate ruling Wednesday, Judge Daniels enjoined the U.S. State Department from enforcing its own public charge rule. The State Department had not posted updated guidance as of Friday afternoon. The government is likely to appeal the rulings, as it has done in previous proceedings on the issue. BAL is monitoring developments related to the DHS and State Department public charge rules and will alert clients to any significant changes.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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