In August, the Protecting Immigrant Families (PIF) Campaign shared a lot of litigation news for the public charge regulation -- both highs and lows. On July 29, the U.S. District Court for the Southern District of New York issued a nationwide preliminary injunction blocking the Department of Homeland Security (DHS) from enforcing the Trump Administration’s public charge rule during the period of the declared COVID-19 public health emergency. Two weeks later, on August 12, a judge narrowed the district court’s order to apply only within the states in the 2nd Circuit (New York, Connecticut, and Vermont). For more details on the current state of play, please review the PIF “What Advocates Need to Know” fact sheet. We have also updated our public and community-facing messages in light of the latest news. Keep in mind that under any version of the rules, most immigrants who will face a public charge test are not eligible for the benefits that would be weighed in that test. The U.S. Customs and Immigration Service guidance clarifying that testing and treatment for COVID-19 will not be considered in a public charge determination also remains in effect.
In August, we also wrapped up our subgrants to state partners under the Advancing Strategies to Align Programs project. For several years, we have provided intensive technical assistance to support state administrative advocacy to promote enrollment and retention in benefit programs. Although this project is coming to an end, we continue to be available to answer questions and share materials with states and advocates engaged in such work. In the coming months, we will also be adding briefs written by several of our partners to the administrative advocacy toolkit.
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