Immigration Law: Public Charge Rule
The new public charge rule that was supposed to be implemented by USCIS on October 15, 2019 has been blocked by three U.S. District Court judges. The rule sought to change how the calculation of use of public benefits by an immigrant was made, thereby increasing the number of public benefits that would be considered in determining whether someone is a public charge, for immigration purposes, and thus ineligible for admission into the U.S. The rule also sought to enforce a green card sponsor’s obligations to provide support to the green card holder before the green card holder can seek public benefits. This rule has been enjoined from taking effect, nationwide, by U.S. District Court judges in New York and Washington, with the a U.S. District Court judge in California blocking the rule from taking effect in select locations. The Trump administration has not stated publicly whether it will appeal these decisions but it is widely expected. Ultimately, like many other immigration lawsuits, the appeal is expected to reach the Supreme Court. Only time will tell as to how the court will rule.
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