Last night, USCIS announced that the agency will only apply the Final Rule to applications and petitions submitted on or after Feb. 24, 2020


** USCIS Announces Effective Date
for Public Charge Rule
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Dear Allies,

As we shared on Monday, the U.S. Supreme Court set aside ([link removed]) the preliminary injunction from New York that prevented the Department of Homeland Security (DHS) public charge rule from taking effect nationwide. This was the last of the three district court nationwide injunctions standing, which means that the DHS rule can go into effect nationwide, except in Illinois where it is blocked by a statewide injunction. However, please note that the government renewed its request for the 7th Circuit to stay the Illinois injunction, based on SCOTUS’s decision. We will keep you posted on whether this state-specific injunction remains in place.

Last night, USCIS announced ([link removed]) that the agency will only apply the Final Rule to applications and petitions submitted on or after February 24, 2020 (except for in the State of Illinois). DHS will NOT just sos consider an immigrant’s receipt of the newly listed benefits before Februrary 24, 2020 in the public charge determination. USCIS will post updated forms, submission instructions, and Policy Manual guidance on the USCIS website during the week of Feb. 3, 2020. NILC and CLASP responded to the news in this joint statement ([link removed]) .

The fight against the DHS public charge rule continues. Appellate cases challenging the viability of the DHS final rule are moving on expedited schedules and could be decided within a couple of months. Likewise, the district court cases will continue towards final resolution of the rule’s legality.

For PIF partners working with affected immigrant families, updated community education resources are available on our website at [link removed]. We also want to hear from you! It is essential that we document the real harm of this rule, and we are tracking examples through this google form ([link removed]) .

Thank you for your continued partnership!

Madison Allen, Center for Law and Social Policy, &
Connie Choi, National Immigration Law Center

Visit us at [link removed]

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