Federal Court Stops Enforcement of the "Public Charge" Rule

A federal court in New York issued an order enjoining the enforcement of the "public charge rule" that was scheduled to take effect on October 15, 2019.  It is a last minute relief to many individuals and legal professionals who are struggling to understand a complicated new rule and to complete a bunch of new and updated immigration forms including the I-485 and I-129 forms that were just released yesterday.  

The public charge rule is aimed at those who are deemed likely to become a burden on the government's resources. It was set to take effect on October 15, 2019, both within the U.S. and also overseas and at consulates. The Department of State (DOS) issued a final rule explaining the how public charge inadmissibility is determined and how it differs for each visa. 

People seeking to enter the U.S. as visitors or immigrants will have their assets, health, and educational background scrutinized by consular officers to determine admissibility to the U.S. Each component weighs either positively or negatively toward the alien's admissibility. There are many specific details that go into each aspect of the public charge rule. Any diagnosis that requires extensive medical care, institutionalization, or would interfere with the alien's ability to support themselves is a negative factor under health. Lack of health insurance is also a negative factor unless the alien has substantial resources to pay for medical costs. Officers also look at finances, specifically comparing household assets to household size and determining if they will need public benefits in the future. Other factors such as age, education level, skills, and employment history are taken into account. The consular officer himself passes judgement on whether he/she is convinced that the applicant will be a public charge.

U.S. Citizenship and Immigration Services (USCIS) was also set to enforce the new rule, releasing updated Form I-485 Application to Register Permanent Residence or Adjust Status and introducing a new Form I-944 Declaration of Self-Sufficiency. The forms were released on October 10th and USCIS will only accept these updated versions from October 15th onward. It has been difficult for the public to adjust to these changes in such a short interval, especially since the new form I-944 is complicated. The form requires information such as credit reports, assets, and liabilities, all of which can be difficult to gather in a short time frame. Timing is also critical for many of the applications, such as form I-485, where applicants must file within the month based on their priority date.

The American Immigration Lawyers Association (AILA) and a few other organizations filed a lawsuit against USCIS regarding this new rule. The court ordered that enforcement of the rule be temporarily halted until further notice. This is a moment's reprieve for the public, and old forms and rules can be used for the time-being. However, the enjoining is temporary and applicants should take the time to prepare for if and when the rule becomes effective.