Despite Courts Enjoining Department of Homeland Security Public Charge Rule, State Department Proceeding with Implementing its Own Version

October 22, 2019

By Immigration Group

This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Laura Danielson is an active member.

Statue of llibertyLast week, four courts issued injunctions barring the Trump administration from implementing the controversial public charge rule that would dramatically change the way immigration law operates in the United States.

Two of the courts issued nationwide injunctions. One barred USCIS from using forms released at the last minute and another issued an injunction limited to just the West Coast states. USCIS quickly took down the new forms from its web site.

Last week, the Department of State (DOS) made the surprising move of releasing an interim public charge rule set to take effect just a week after publication. DOS has indicated it will ignore what the courts have said about the Department of Homeland Security rule and has not issued any guidance on how it plans to implement its new rule. In the meantime, the State Department rule is expected to face a legal challenge.