The U.S. Court of Appeals for the Second Circuit partially set aside the July 29, 2020, ruling of the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. The U.S. District Court for the Southern District of New York (SDNY) had enjoined the Department of Homeland Security (DHS) from enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.
The appellate court decision limits the nationwide implementation of the US. District Court Injunction on enforcement of the Public Charge Rule. Now, the U.S. District Court decision is limited to only New York, Connecticut and Vermont. Accordingly, USCIS can now implement the Public Charge Rule in all the other states except for the ones listed above. As per the USCIS it is determining the administrative viability of reimplementing the Public Charge Rule where applicable.
USCIS will soon issue guidance on its website based on U.S. Court of Appeals Ruling. We will update our blog section as soon as any new update is available.
Disclaimer
This article aims to provide new information concerning Public Charge Rule, and USCIS guidance on the same. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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