Injunction on Public Charge Rule Remains
Department of Homeland Security is still bound by the nationwide injunction which was issued in a case pending before the U.S. District Court for the Southern District of New York as well as on a case pending before the U.S. District Court for the Northern District of Illinois. Thus even though on December 5, 2019, the U.S. Court of Appeals for the Ninth Circuit granted DHS’s motion for a stay of injunctions granted by the District Courts in California and Washington, the nationwide injunction remains in place.
This means that people applying for green cards and visas through a process known as Adjustment of Status, for example, or applying through Consular Processing are not affected by the proposed policy change. Litigation relating to this proposed Public Charge Rule is ongoing and continuing in other U.S. Courts.
The proposed public charge rule would seek to have aliens establish that they are not likely at any time to become a public charge and to demonstrate that they have not received, are not currently receiving nor are likely to receive public benefits as defined by the proposed rule.
For more information, please contact our office for a free telephone consultation (15 minute) at 248-557-3645.
Associate Attorney, Immigration Law Department
The Law Offices of Joumana Kayrouz, PLLC