2nd Circ Limits Scope of Public Charge Rule

Wednesday, August 19, 2020

On August 12, 2020, the USA Court docket of Appeals for the Second Circuit restricted the scope of a nationwide injunction that had blocked the U.S. Division of Homeland Safety (DHS) and U.S. Citizenship and Immigration Providers (USCIS) from implementing and implementing the Inadmissibility on Public Cost Grounds ultimate rule (generally referred to as the “public cost rule”) throughout the COVID-19 pandemic. The choice, which got here solely days after a collection of current federal courtroom selections on the controversial rule, restricts the scope of the nationwide injunction to solely these states underneath the jurisdiction of the Second Circuit.

As we beforehand famous, the July 29, 2020, injunction issued by the U.S. District Court docket for the Southern District of New York blocked the DHS and USCIS from “implementing, making use of, implementing, or treating as efficient” the general public cost rule on a nationwide foundation in “any interval throughout which there’s a declared nationwide well being emergency in response to the COVID-19 outbreak.”

The appellate courtroom stayed the nationwide injunction and restricted its scope to the Second Circuit states of Connecticut, New York, and Vermont. Whereas the injunction stays in place, residents inside these states don’t want to incorporate Type I-944 or supporting paperwork or present detailed info concerning the receipt of public advantages on Type I-485, Type I-129, or Type I-539/I-539A. USCIS will adjudicate such petitions and functions by residents of Connecticut, New York, and Vermont according to laws and steerage in place earlier than the general public cost rule was promulgated.

The Second Circuit Court docket of Appeals’ new order, coupled with different federal courtroom rulings over the previous two weeks, implies that—for now—the general public cost rule stays in place and relevant to residents of all different states. Nevertheless, the current flurry of federal courtroom exercise on the general public cost rule has created uncertainty concerning the enforceability of the rule and whether or not candidates residing outdoors the states of the Second Circuit shall be required to submit Type I-944 and data regarding their receipt of public advantages. As of August 19, 2020, the USCIS web site signifies that the July 29, 2020, injunction throughout the COVID-19 pandemic is in impact and that such documentation is just not required for any case, inflicting confusion concerning how candidates ought to proceed.