Status of Trump Administration’s Public Charge rule: REMAINS IN PLACE

November 4, 2020

Please continue to keep children enrolled in health coverage and use this guide to help you understand how public benefits affect immigration options.

UPDATE: Only one day after a federal district court blocked the Trump administration’s public charge rule across the nation, a federal circuit court of appeals decided to allow the administration to continue applying its new public charge test while it appeals this decision. More details below.

On Monday November 2, 2020, the district court in Cook County, Illinois, et al v. Wolf et. al. ruled on the merits of the Trump Administration’s Public Charge rule in favor of Plaintiffs on their claim that DHS’s Public Charge Rule violates the Administrative Procedure Act (APA) and held the new definition of public charge from moving forward.

Then, on November 3, 2020, the Seventh Circuit Court issued an “administrative stay” of the District court’s November 2, 2020 decision to vacate the DHS Public Charge Final rule during an appeal process and effective immediately.

Therefore, U.S. Citizenship and Immigration Services (USCIS) may continue to apply the new public charge rule, including requiring submission of Form I-944, while the government appeals the District’ Court’s 11/2/20 decision.