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A federal court in New York has issued a preliminary injunction blocking the government from enforcing the public charge rule during the COVID-19 national emergency.
Background: The lawsuit was filed by several states and nonprofit organizations. The public charge rule significantly broadens the grounds of inadmissibility of green card applicants on the basis of their past or future reliance on public benefits. Adjustment of status applicants are required to provide extensive financial and health details and complete an 18-page Form I-944 Declaration of Self-Sufficiency.
BAL Analysis: The Department of Homeland Security has not yet issued any guidance in response to the ruling. The government is likely to appeal the decision, as in previous proceedings on this issue. BAL is closely following the case and the response from DHS and will report developments as information becomes available.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact firstname.lastname@example.org.
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