The Department of Homeland Security (DHS) is poised to publish a final rule to codify pre-Trump guidance related to the “public charge” ground of inadmissibility.
Additional Information: In publishing the 2019 regulation, the Trump administration sought to significantly expand the grounds by which applicants could be denied lawful permanent residence (green cards) under the Immigration and Nationality Act’s public charge ground of inadmissibility. The 2019 regulation faced multiple lawsuits and was ultimately vacated in court. The Biden administration declined to enforce the regulation and withdrew appeals that were pending in the U.S. Supreme Court and other appellate courts. In February, DHS published a proposed rule to restore the previous public charge guidance. The agency accepted comments from the public on the proposal and has now finalized the rule.
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