DHS IMPLEMENTATION LAWSUIT
Yesterday, attorneys from NILC, the American Immigration Lawyers Association (AILA), Jenner & Block LLP, and Morgan Lewis & Bockius LLP filed a case against DHS, USCIS, USCIS Director Ken Cuccinelli and acting Secretary of DHS Chad Wolf, challenging the implementation of the DHS public charge regulations. The case was brought on behalf of nine individual plaintiffs and two nonprofit immigration legal service providers, Community Refugee and Immigration Services of Columbus, OH and Immigrant Legal Defense of Oakland, CA.
The complaint alleges that the USCIS Policy Manual, while purporting to implement the regulations, is contradictory to and even more punitive than the regulations, creating additional burdens for immigrants who are applying to adjust to lawful permanent resident status. It also alleges that the information sought in Form I-944 “Declaration of Self-Sufficiency” creates arbitrary and burdensome evidentiary requirements that go beyond and in some cases contradict the regulation. Some of the mountains of information required are irrelevant to the public charge inquiry and appear designed to deter applicants from applying at all.
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