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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.
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.
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