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Nationwide Injunction on Public Charge Rule

Posted July 30, 2020Stephanie Wedel - Sr. AssociateArticles

The U.S. District for the Southern District of New York issued 2 injunctions related to the Department of Homeland Security (DHS) Public Charge Rule and the Department of State (DSO) Public Charge rule and Health Insurance Proclamation.

DHS Public Charge Rule

The new temporary injunction on the DHS Public Charge rule prohibits the implementation, application, and enforcement while there is a declared national emergency related to the COVID-19 pandemic.  The injunction ensures that seeking testing and treatment of COVID-19 will not have negative immigration implications. This injunction is in effect across the country.

DOS Public Charge Rule and Health Insurance Proclamation

The preliminary injunction on the DOS Public Charge rule and Health Insurance Proclamation suspends these policies indefinitely, and is not limited to just the declared national emergency related to the COVID-19 pandemic.

Next Steps

Until overturned, the District Court’s injunction blocks the application of the public charge rules across the country. We expect that the federal government will continue to push to have these injunctions overturned. We will continue to submit forms including information on the public charge questions until USCIS directs to do otherwise.

We will continue to monitor the situation and will provide updates as they are available.