Update – USCIS resumes enforcement of public charge rule

**UPDATE AS OF SEPTEMBER 28, 2020: The Court of Appeals has now stayed the lower court injunction. USCIS has resumed enforcing the new public charge rule. Where required, the new form I-944 must be filed with all applications postmarked on or after October 13, 2020.

On July 29, 2020, Judge George B. Daniels of the United States District Court for the Southern District of New York issued a new injunction blocking implementation of the Trump Administration’s “public charge rule.” This is a nationwide injunction, and also applies to the State Department. Judge Daniels’s previous injunction against the public charge rule, issued in October 2019, was put on hold by the Supreme Court pending further proceedings in the district court. However, the new injunction was based on evidence that the public charge rule has deterred immigrants from seeking medical care during the COVID-19 pandemic. This is new evidence that was not before the district court or the Supreme Court when considering the earlier injunction. Click here to download Judge Daniel’s decision.

USCIS issued a statement on July 29, 2020 stating it would not enforce the public charge rule as long as the injunction remains in effect. In particular USCIS stated that adjustment applications filed on or after July 29 should not include Form I-944, the “Declaration of Self-Sufficiency.” Also, applicants should not fill out the sections of the I-129 or I-539 forms related to the receipt of public benefits. Click here to read the USCIS notice.