News & Insights

Trump’s Public Charge Rule Is Back

There has been so much back and forth with Trump’s public charge rule that it’s difficult to keep up with the current status quo.

In February of this year the Trump administration started to implement its public charge rule, requiring officers to make a prospective determination as to whether an intending immigrant is likely to become a public charge.  This rule applied mainly to those seeking to adjust status in the U.S. or those seeking an Immigrant visa at a Consulate abroad.  For further details of this rule see our previous article:

https://www.patellegal.com/the-dawn-of-a-new-era-becoming-familiar-with-the-new-public-charge-rule/

This rule had received much criticism, particularly amid the COVID-19 pandemic, because many believed that intending immigrants had refused to enroll in Medicaid or seek testing or treatment for COVID-19 out of fear that an officer may determine that they were likely to become a public charge.

On July 29, 2020 a U.S. District for the Southern District of New York enjoined the Trump administration from enforcing its rule by issuing a preliminary injunction and temporary stay.    For further details see our previous article:

https://www.patellegal.com/ny-district-court-issues-nationwide-injunction-and-temporary-stay-on-trumps-unlawful-public-charge-rule/

Unfortunately, this injunction and stay was short-lived as the U.S. Court of Appeals for the Second Circuit has now issued a decision that allows the Department of Homeland Security (DHS) to resume implementation of its Public Charge rule in all 50 states.

This means that applicants applying for adjustment of status in the U.S. will have to once again submit Form I-944, Declaration of Self Sufficiency.  Any application received after October 13, 2020 will be rejected if it does not include this form and the relevant supporting documentation.  Applicants applying through consular processing will need to submit DS-5540.

For questions related to the public charge rule, please contact our Partner, Chris Prescott at cprescott@patellegal.com or our Immigration Attorney, Monique Mutombo at mmutombo@patellegal.com

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