Public Charge Rule Survives (For Now)

On November 3, 2020, the U.S. Court of Appeals for the Seventh Circuit temporarily stayed an order that the U.S. District Court for the Northern District of Illinois issued in Cook County, Illinois, et al. v. Wolf et al., No. 19-cv-6334 (November 2, 2020). The district court's order had vacated the U.S. Department of Homeland Security's (DHS) Inadmissibility on Public Charge Grounds final rule (often referred to as the "public charge rule") on a nationwide basis.

DHS recently resumed implementing the public charge rule following a decision by the U.S. Court of Appeals for the Second Circuit, which lifted a temporary injunction blocking the rule's implementation. The November 2, 2020, order of the district court effectively set aside the public charge rule in its entirety and barred DHS from applying it going forward.