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Injunction on Public Charge Rule Limited to Residents of New York, Connecticut and Vermont

Posted August 18, 2020Cheryl Kilborn - Sr. AssociateArticles

We recently reported that the federal district court for the Southern District of New York to the Second Circuit issued 2 nationwide injunctions related to the Department of Homeland Security (DHS) Public Charge Rule and the Department of State (DOS) Public Charge Rule and Health Insurance Proclamation.

Last week, a federal appellate judge narrowed the nationwide injunction and held that for now, the DHS Public Charge Rule cannot be applied to residents of New York, Connecticut and Vermont. The injunction preventing implementation of DOS’s Public Charge Rules and the Health Insurance Proclamation are still in effect nationwide.

Next Steps

Until overturned, the district court’s injunction blocks the application of the Public Charge Rule for residents of New York, Connecticut and Vermont for any period during which there is a declared national health emergency in response to the COVID-19 outbreak. For these residents, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on February 24, 2020. We will continue to submit the public charge form and supporting documents for residents of all states until USCIS directs otherwise.

The appellate judge’s decision will be reviewed by a three-judge panel. We continue to monitor the situation and will provide updates as litigation moves forward.

Please reach out to your designated Meltzer Hellrung attorney with any questions or contact our firm at: