The U.S. Court of Appeals for the Second Circuit issued a decision on September 11 allowing the Department of Homeland Security (DHS) to resume implementing its “Public Charge” rule nationwide (see Memo, 08/19). This decision reverses a previous injunction.
The DHS final Public Charge rule, published in 2019, would affect immigrants applying for lawful permanent residence, attempting to extend their stay in the U.S., or making other adjustments to their status. The rule would consider them a “public charge” if they receive or might receive government assistance—including public housing, Housing Choice Vouchers, and Section 8 Project-Based Rental Assistance. Such immigrants considered to be a public charge could be denied a green card or visa. The U.S Citizenship and Immigration Services (USCIS) will now apply the public charge final rule to all admissions and lawful permanent residence applications and petitions postmarked on or after February 24, 2020. Applications to register permanent residence or adjust status may now be required to include a Declaration of Self-Sufficiency. Starting October 13, USCIS will reject applications without the Declaration of Self-Sufficiency and related documents. Applications filed and accepted after the July 29 injunction will not be re-adjudicated.
It is important to note that the Public Charge rule will not apply to testing, screening, or treatment of communicable diseases including COVID-19:
“USCIS will not consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of a public charge inadmissibility determination, nor as related to the public benefit condition applicable to certain nonimmigrants seeking an extension of stay or change of status, even if such treatment is provided or paid for by one or more public benefits.”
The decision to reverse the injunction will be harmful for families who are unaware that seeking COVID-19-related treatment will not count towards a public charge analysis and would put many in the public at risk as a result. This is another burden on a marginalized community that has already been left out of many COVID-19-related aid and policies (see Memo, 05/04).
The Protecting Immigrant Families (PIF) campaign has a variety of resources in various languages to ensure impacted communities and service providers understand their rights and the potential implications of the rule.
The injunction against the Department of State (DOS) Public Charge rule remains in effect nationwide.
NLIHC will continue to inform readers with updates to the DHS Public Charge rule and the DOS injunction.
For more information, read the fact sheet “What Advocates Need to Know” from our partners at the PIF Campaign at: https://bit.ly/2EPR1jv
PIF’s “Changes to Public Charge: Analysis and Frequently Asked Questions, Updated March 2020” is available at: https://bit.ly/3447Vm8
The Protecting Immigrant Families campaign website is at: https://protectingimmigrantfamilies.org
Read the updates from USCIS at: https://bit.ly/3ioIJN8
Read the temporary injunction of the DOS Public Charge rule at: https://bit.ly/3k0OdQk