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AILA Doc. No. 21020433 | Dated February 10, 2021 | File Size: 587 KDownload the Document
AILA’s USCIS HQ (Benefits Policy) Committee provides a practice pointer addressing the current state of play regarding the public charge grounds of inadmissibility in light of President Biden’s February 2, 2021, Executive Order, “Restoring Faith in our Legal Immigration System and Strengthening Integration and Inclusion Efforts for New Americans.” Special thanks to Committee members Kathleen Campbell Walker and Rob Cohen for their contributions to this practice pointer.
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Cite as AILA Doc. No. 21020433.Open the Document
On March 9, 2021, the U.S. Supreme Court dismissed the pending appeal in DHS v. New York et. al. and the Seventh Circuit also dismissed the government’s appeal in Cook County, et al. v. Wolf, et al. As a result of these decisions, the U.S. District Court for the Northern District of Illinois’s order vacating the 2019 public charge final rule nationwide went into effect.
Subsequently, DHS withdrew its 2019 public charge rule, and USCIS stopped applying the rule to all pending applications and petitions. The DOS public charge rule was enjoined in July 2020, and, in December 2020, DOJ withdrew its public charge rule from OIRA.
Visit the public charge featured issue page for more information.Public Charge Featured Issue Page
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