The DHS Public Charge Rule & SCOTUS: What Happens Now?
DHS Public Charge Rule is Now in Effect.
Earlier this month, we shared that the Second Circuit issued a decision which allows DHS to implement their public charge rule. Last week, USCIS updated its website, re-posted the Form I-944, and told reporters the regulation is in effect. According to the website, DHS will apply its public charge regulation to all applications and petitions filed on or after February 24, 2020. The injunctions against the DOS Public Charge Rule and the President’s Health Insurance Proclamation remain in place. Please see PIF’s updated “What Advocates Need to Know” document for more information.
SCOTUS and Public Charge.
An advocate for social justice on our nation’s highest court, Justice Ruth Bader Ginsburg fought for equal rights for all people and helped protect and advance many of the issues that the PIF Campaign and our partners care deeply about. We join the nation in mourning the loss of such a powerful advocate and commit to honoring her legacy by fighting for a nation where all are truly equal.
The death of Justice Ginsburg has created heightened urgency for the future of equal rights in our nation, and specifically immigrants’ rights. The Trump administration has spent the last four years carrying out its cruel agenda centered on scapegoating immigrants. The Court’s role in holding the Trump administration accountable to the Constitution and the law remains critical for immigrants and their families, as we saw with the Court’s recent decisions on DACA and the census.
The appointment of a new justice has profound implications for public charge. As litigation efforts continue to make their way through the court system, we know that ultimately a public charge case is likely to be heard at the Supreme Court. Judge Amy Coney Barrett, in her current role as a U.S. Circuit Court of Appeals Judge, wrote a lengthy dissent in June where she said she would have overturned a trial court ruling blocking the Trump administration’s efforts to tighten the “public charge” rule. We also know that the new Supreme Court will be hearing other cases of import for immigrants in addition to public charge, including DACA, Temporary Protected Status (TPS), the Affordable Care Act, access to reproductive health, and protections in the workplace. It is critical that the new justice on the Court continues to uphold equal rights for all Americans, regardless of what they look like or where they were born.
Let’s Honor RBG by Speaking Up. We encourage our PIF partners to contact U.S. Senate offices and share your stories about how this nomination is critical to protecting the rights of immigrants and their families. While millions of families are struggling through the pandemic and in need of economic relief, the Senate leadership has chosen to fast track a nomination instead of passing a critical COVID stimulus package.
Messages for Community Members. For key public charge messages for community members that remain an accurate source of information under any version of the rules, please see PIF’s Know Your Rights document.
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