Public Charge Changes at USCIS, DOJ, and DOS - Current State of Play
The prior administration sought to finalize rules related to the public charge grounds of inadmissibility by DOS, DOJ, and DHS. As of today, the DOS rule remains enjoined, the DOJ rule was never published, and the DHS rule has been vacated.
Consistent with Executive Order 14012 directing the review of the Public Charge Rule, DHS announced that it will no longer pursue appellate review of judicial decisions invalidating or enjoining enforcement of the 2019 Public Charge Final Rule. As a result, DOJ filed a joint motion to dismiss the petition for certiorari in the Supreme Court, as well as joint motions to dismiss appeals in various circuit courts, including the case in the Seventh Circuit of Appeals which had stayed a nationwide injunction of the DHS Final Public Charge Rule. On March 9, 2021, the Seventh Circuit lifted its stay and the U.S. District Court for the Northern District of Illinois’s order vacating the Public Charge Final Rule nationwide went into effect.
Subsequently DHS published a final rule, that took effect on March 9, 2021 implementing the vacatur, and removing the 2019 public charge regulatory text from the CFR and restoring the regulatory text that existed prior to the 2019 rule. This final rule also notes that OMB approved changes to various forms used in the public charge analysis, including discontinuing the Forms I-944, I-356, and I-945, updating the Forms I-485, I-129, I-539, I-864 and I-912, and reinstating the Form I-864W.
Please note: While the various cases challenging the Public Charge Final Rule have been dismissed, several states have sought to intervene in these cases to have them reinstated and to defend the validity of the Public Charge Final Rule. Should they be successful, USCIS may be required to implement the Final Rule once again. AILA will continue to monitor and provide any necessary updates, but for now the 2019 Public Charge Regulations have been removed from the CFR.
On March 10, USCIS removed the Form I-944 from its website and provided guidance that it will no longer apply the 2019 Public Charge Final Rule and will apply the public charge inadmissibility statute consistent with the links on how to file Form I-485, Form I-129, and Form I-539 and respond to any related requests for evidence in light of this decision.
The U.S. Supreme Court also announced on Tuesday that it would no longer be providing a judgment on a case focused on the legality of the policy, given that the Biden administration has decided not to defend it.
Going forward, the DHS said, the U.S. will revert back to 1999 guidance on the public charge inadmissibility provision that was in place before the 2019 public charge rule was introduced.
If you have a current or pending case with USCIS that Diver Law Firm submitted on your behalf and was subject to the 2019 Public Charge Final Rule, please contact our offices to discuss how your case may be impacted. You can also reach Diver Law Firm at our email: diverlawfirm@gmail.com