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ARTICLE · 05 APRIL 2021

The 2019 Public Charge Rule Is Removed By DHS

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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On March 9, 2021 the Department of Homeland Security (DHS) announced that it will no longer enforce the Public Charge rule that originally took effect on February 24, 2020.

United StatesImmigration
Barbara Chin
Barbara Chin
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On March 9, 2021 the Department of Homeland Security (DHS) announced that it will no longer enforce the Public Charge rule that originally took effect on February 24, 2020. Based on a number of recent U.S. Court of Appeals decisions which vacated the Public Charge rule, DHS immediately stopped applying the Public Charge Final Rule and the related "public benefits condition" to all pending immigrant and nonimmigrant applications and petitions that would have been subject to these rules.

Background

The Public Charge rule was implemented through a final rule which was published by DHS on August 14, 2019. The rule was subject to litigation, and following a Supreme Court Decision, it became effective in February 2020. Various lawsuits have followed and the rule has been enforced sporadically since that time. The Public Charge rule has faced intense criticism from immigrant rights advocates. For background on the brief history of the Public Charge rule, please see our pri

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