The Department of Homeland Security (DHS) recently issued a new “public charge” final rule that will go into effect December 23, 2022. The new rule will apply to all permanent residency (Green Card) applications filed on or...more
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
Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system....more
On March 9, 2021, the U.S. Department of Homeland Security (DHS) announced that the Biden administration would no longer enforce the 2019 public charge rule implemented by the Trump administration. DHS Secretary Alejandro N....more
For the last year, the fate of the Public Charge Rule, which expanded the ability of the U.S. Citizenship and Immigration Services to deny green cards to lower-income foreign nationals, has been uncertain. In addition to the...more
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
On March 9, 2021, the Department of Homeland Security (DHS) announced that it will no longer seek judicial review of any court decisions invalidating the 2019 Public Charge Final Rule, noting: Today, DHS Secretary...more
This is an update to what we reported in December on the status of the “Public Charge Rule.” The rule remains in effect, but it is likely to either be rescinded by the Biden Administration or enjoined by a court. In the...more
From the 2017 “Muslim Ban” to 2020’s Public Charge Rule and a global pandemic, the past four years have presented a number of challenges and changes to the U.S. immigration system....more
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
While the election results may still be debated until officially certified and litigation is resolved, employers should be looking ahead to what a Biden administration will mean for immigration. Prior to this tumultuous year,...more
On September 22, 2020, U.S. Citizenship and Immigration Services (USCIS) updated its website to indicate that it would resume implementing the Inadmissibility on Public Charge Grounds final rule (often referred to as the...more
On July 29, 2020, the U.S. District Court for the Southern District of New York issued an injunction immediately blocking the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS)...more
On Wednesday, a New York federal court blocked the Trump administration's public charge rule, and held that enforcement of the rule should be halted nationwide for the duration of the pandemic national health emergency. The...more
On July 29, 2020, U.S. District Court Judge George B. Daniels of New York issued a nationwide injunction barring the Department of Homeland Security from enforcing the Administration’s Public Charge Rule during the declared...more
To implement its new standards for assessing whether someone is "likely to become a public charge," the U.S. government now requires gobs of intrusive data and documents from almost every green card applicant. ...more
Seyfarth Synopsis: The Supreme Court’s decision clears the path for DHS/USCIS to implement its Public Charge final rule, which requires employers and employees to disclose receipt of certain public benefits in...more
Today USCIS announced that, except for in the state of Illinois, it will implement its public charge rule as of Monday, February 24, 2020. USCIS is expected to publish updated forms, instructions and guidance on its website...more
On January 27, 2020, the U.S. Supreme Court granted the Trump administration’s request to lift the last remaining nationwide injunction blocking implementing of its public charge rule. The rule, initially published by the...more
On January 27, 2020, the Supreme Court of the United States ruled 5-4 in favor of allowing the Trump administration to begin applying its revised public charge rule. The rule’s implementation was blocked in October 2019 by...more