Today on November 2, 2020, the district court in Cook County, Illinois, et al v. Wolf et. al., (19-cv-6334), ordered that Department of Homeland Security's Public Charge Rule violates the Administrative Procedure Act. "Public charge” is a term used in immigration law to describe an individual who cannot support himself or herself through employment, assets or the help of family and instead depends on government benefits and assistance programs. Under the public charge rule, immigrants to the United States classified as Likely or Liable to become a Public Charge may be denied visas or permission to enter the country due to their disabilities or lack of economic resources.The court immediately set aside the DHS Public Charge Rule nationwide without staying its decision pending appeal. DHS may not apply the public charge rule as of today, which includes the submission of Form I-944 and the information contained therein. As of this time, USCIS has not posted any guidance on implementation of the order on its public charge website, but as of now the rule is effective immediately.
Vijay Bhagwati, Esq.
Founder and Managing Partner
