The Supreme Court ruled on Jan. 27, 2020 that the Department of Homeland Security, DHS, can implement its controversial rule defining the public charge ground of inadmissibility. As background, DHS published its final rule on public charge in the Federal Register on Aug. 14, 2019. The Department of State, or DOS, followed suit on Oct. 11, 2019, and published an interim final rule on public charge that mirrors the DHS rule. Both rules establish a new definition of public charge and new procedures by which USCIS adjudicators and consular officers will determine if an applicant for a green card or an immigrant visa is likely to become a public charge. Implementation of the USCIS public charge rule had been enjoined on a nationwide basis by a federal court in New York, but the Supreme Court has now allowed the agency to proceed with implementation while the government appeals the district court’s ruling in the Second Circuit Court of Appeals. Meanwhile, organizations, including CLINIC, have sued the DOS in the same district court in New York, seeking to enjoin implementation of that agency’s interim final rule. CLINIC’s public charge resources include a summary and FAQs about these new public charge rules, as well as a review of the current status of implementation.
Inform CLINIC as to how the rule is affecting your program!
If you are a CLINIC affiliate, we need to hear from you about the impact or potential impact of the new public charge rule on your program, as well as any questions you may have about its contents and implementation. We may either answer your questions in a future FAQ or forward them to USCIS. Our survey is intended to collect information from affiliates who have already reviewed the final public charge rule and/or attended a training about the final rule.
Resources, Webinars, and Trainings on Public Charge
Choose a category below or search by title. For a full list of all Public Charge resources, visit our resource library.