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ARTICLE · 04 AUGUST 2020

Public Charge Update

Buchanan Ingersoll & Rooney
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On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) enjoined the Department of Homeland Security (DHS) from enforcing the Trump Administration's...

United StatesImmigration
Olivia Minnis
Olivia Minnis
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On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) enjoined the Department of Homeland Security (DHS) from enforcing the Trump Administration's Public Charge Rule during the declared national health emergency on account of the COVID-19 pandemic. On July 31, 2020, U.S. Citizenship and Immigration Services (USCIS) provided additional guidance in response to the court order, found here.

Pursuant to USCIS guidance, immigration officers will now apply the 1999 Interim Field Guidance to the adjudication of any application for adjustment of status on or after July 29, 2020, for as long as the injunction is in effect. In February 2020, USCIS began adjudicating applications under the Administration's Public Charge Rule, which dramatically expanded the definition of "public charge," broadened the scope of factors considered in making a public charge determination, and also began requiring applicants report certain information related to

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