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Preliminary Injunction on DHS Public Charge Rule Lifted

Posted September 14, 2020Cheryl Kilborn - Sr. AssociateGreen Card, H-1B

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.


  • In early August, a federal appellate judge narrowed the nationwide injunction and held that for the time being, the DHS Public Charge Rule cannot be applied to residents of New York, Connecticut and Vermont.
  • On Friday, the appellate judge’s decision was reviewed by a three-judge panel, and the preliminary injunction was lifted. The injunction preventing implementation of DOS’s Public Charge Rules and the Health Insurance Proclamation are still in effect nationwide.

Next Steps

  • USCIS is now authorized to apply the Public Charge Rule to residents of all states. This includes for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.
  • We expect that USCIS will soon announce that it will reject any Form I-485 for not including Form I-944 and Forms I-129 and I-539 where Part 6, or Parts 5, respectively, have been left blank.

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