News & Analysis as of

Department of Homeland Security (DHS) Public Benefits

Jackson Lewis P.C.

International Entrepreneur Parole Series Part 3: Program Application Procedures

Jackson Lewis P.C. on

The Immigration and Nationality Act delegates authority to the Department of Homeland Security (DHS) to decide whether to parole a foreign person into the United States. Parole is a discretionary remedy decided on a...more

Harris Beach PLLC

The New Public Charge Rule and its Previous Iterations

Harris Beach PLLC on

The public charge provisions in the Immigration Nationality Ac (INA) have been part of U.S. immigration law for decades. We recently reported that on December 23, 2022, the Department of Homeland Security (DHS) began using a...more

Jackson Lewis P.C.

Officially Returning to Pre-2019 Public Charge Rule to Determine Admissibility

Jackson Lewis P.C. on

After years of litigation followed by uncertainty, the Department of Homeland Security (DHS) has taken the official action of issuing a new final rule that “restores the historical understanding of a ‘public charge’ that had...more

Foley Hoag LLP - Medicaid and the Law

Revocation of the “Public Charge” Rule

Readers of our blog know that Haider, Alex and I have a longstanding interest in the intersection of health care law and immigration law. That’s important for our blog, especially because of the needs of the immigrant...more

Stotler Hayes Group, LLC

The U.S. Department of Homeland Security Public Charge Rule Status

Stotler Hayes Group, LLC on

The Inadmissibility on Public Charge Ground rule was published in the Federal Register on August 14, 2019 and became effective on October 15, 2019.  The U.S. Department of Homeland Security (DHS) issued a rule interpreting...more

Jackson Lewis P.C.

Factors Government Will Consider Under New Public Charge Rule

Jackson Lewis P.C. on

On the same day the Public Charge Rule went into effect (February 24, 2020), immigrant advocates held a teach-in at Boston City Hall to try to lessen the uncertainty and fear that has been spreading through immigrant...more

Laner Muchin, Ltd.

USCIS Announces Public Charge Rule Implementation

Laner Muchin, Ltd. on

On January 30, 2020, the U.S. Citizenship and Immigration Services (USCIS) announced it would be implementing the Inadmissibility on Public Charge Grounds final rule (Final Rule) on February 24, 2020. This implementation...more

Tarter Krinsky & Drogin LLP

Supreme Court Clears The Way For Public Charge Rule Implementation

The Public Charge Rule, denying permanent residence status to immigrants who may use public benefits, will be implemented by U.S. Citizenship and Immigration Services (USCIS) on February 24. The Supreme Court has now...more

Jackson Lewis P.C.

U.S. Supreme Court Lifts Injunction On Tough DHS Public Charge Rule

Jackson Lewis P.C. on

The Trump Administration’s new Public Charge Rule can go into effect (for now, at least). The U.S. Supreme Court, in a 5-4 ruling, has lifted the injunction that prevented DHS from enforcing its new Public Charge Rule...more

Morgan Lewis

US Supreme Court Allows Public Charge Rule on Immigration to Move Forward

Morgan Lewis on

The US Supreme Court ruled on January 27 that the administration can begin to implement the public charge rule while the issue is still being litigated in the federal court system. ...more

Jackson Lewis P.C.

Federal Judge Enjoins DHS’s Public Charge Rule And Required Use Of Related Forms

Jackson Lewis P.C. on

U.S. District Court Judge George S. Daniels of the Southern District of New York enjoined the Trump Administration’s new Public Charge Rule scheduled to go into effect on October 15, 2019. The new Rule has been the subject of...more

Proskauer - Proskauer For Good

Proskauer Files Amici Brief in Six Federal Court Litigations Supporting Coalition Led by Justice in Aging

Proskauer serves as outside counsel to a coalition of nine nonprofit organizations—led by Justice in Aging—supporting dozens of states and organizations in their efforts to stay the implementation of the U.S. Department of...more

Baker Donelson

Immigration: Inadmissibility on "Public Charge" Grounds

Baker Donelson on

On August 12, 2019, the United States Customs and Immigration Service (USCIS) announced a final rule amending how the Department of Homeland Security (DHS) will determine inadmissibility to the U.S. based on an individual's...more

Harris Beach PLLC

Despite New DHS Rules, Immigrant Children Remain Eligible for Free and Reduced School Meals

Harris Beach PLLC on

Receiving free or reduced school breakfasts or lunches would not render immigrant children ineligible for green cards or other immigration benefits, despite changes to longstanding guidance on the public charge of...more

Morgan Lewis

New DHS 'Public Charge' Rule Could Have Employment-Based Implications

Morgan Lewis on

The US Department of Homeland Security makes it tougher for foreign nationals who have received public benefits to adjust, renew, or extend their status in the United States. Applicants can be refused temporary or permanent...more

Foley Hoag LLP - Medicaid and the Law

As a Public Charge Rule is Finalized by DHS, Concern Over Upcoming DOJ Rule Grows

Last Fall, we wrote about a proposed regulation issued by the Department of Homeland Security that involved one of our favorite topics: the intersection of immigration and health care law. My colleague Christian Springer and...more

Akin Gump Strauss Hauer & Feld LLP

DHS Finalizes Public Charge Rule and Limits Its Applicability from Initially Proposed Regulation

• DHS has announced that it has finalized the previously proposed rule on what immigrants are considered a “public charge.” The final rule was published in the Federal Register on August 14th, 2019. • The rule is effective...more

Tarter Krinsky & Drogin LLP

The Department Of Homeland Security Issues Final “Public Charge” Rule In The Federal Register – Lawsuits Ensue

The U.S. Department of Homeland Security (DHS) released its final rules for public inspection, vastly constricting the number of immigrants who might be deemed eligible for lawful permanent residence. As previously...more

Baker Donelson

New DHS Rule Redefines the Definition of "Public Charge"

Baker Donelson on

Yesterday, the Department of Homeland Security (DHS) announced a new final rule that will dramatically expand the number of immigrants that DHS could deem ineligible for green cards and admission to the United States on...more

Akin Gump Strauss Hauer & Feld LLP

DHS Proposes New Public Charge Rule

• Applicants for a green card and for most nonimmigrant visas (including work, student and tourist visas) will be subject to the new DHS rule on “public charge” determination. This will affect the processing of...more

Laner Muchin, Ltd.

New Proposed Immigration Rule Would Grant Temporary Status To International Entrepreneurs Looking To Start Companies In The United...

Laner Muchin, Ltd. on

In August 2016, the U.S. Department of Homeland Security (DHS) announced a new proposed rule called the “International Entrepreneur Rule,” which, if passed, would benefit thousands of immigrant entrepreneurs looking to start...more

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