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AILA Doc. No. 19100732 | Dated October 7, 2019 | File Size: 806 KDownload the Document
AILA filed suit in United States District Court for the District of Columbia to ensure a workable transition over to new forms as the administration seeks to implement the public charge rule. The complaint seeks to immediately enjoin U.S. Citizenship and Immigration Services (USCIS) from moving forward with its arbitrary and capricious plan to stop accepting the current versions of Forms I-485, I-129, I-539, I-864, and I-864EZ, if postmarked on or after October 15, 2019, despite having failed to publish necessary revised and new forms. (American Immigration Lawyers Association, et. al. v. Cuccinelli, 10/7/19)
Note: On October 7, 2019, Judge Friedrich entered a minute order, ordering the government to respond to AILA’s request for a temporary restraining order and address the issues of standing and irreparable harm by October 8, 2019, at midnight (ET). On Friday, October 11, 2019, the U.S. District Court for the District of Columbia issued an order in AILA’s lawsuit to halt the new forms and capricious deadline, taking note of the New York and California injunctions granting the same relief AILA requested, and ordering the parties to advise the court if and when any of those orders are terminated.
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Cite as AILA Doc. No. 19100732.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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