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AILA Doc. No. 20071360 | Dated July 13, 2020 | File Size: 719 KDownload the Document
A group of applicants for lawful permanent residence, their sponsors, nonprofit immigration legal service providers, and immigrant and civil rights groups sued the Trump administration for violating the law in its implementation of the new public charge regulation, alleging that the USCIS guidance for implementing the regulation goes further than the regulation itself to exclude individuals who merit admission to the United States. The complaint was filed by lawyers from the National Immigration Law Center (NILC), the American Immigration Lawyers Association (AILA), Jenner & Block LLP, and Morgan Lewis & Bockius LLP. Plaintiffs claim that the guidance contains a complex and contradictory set of policies designed to unlawfully and arbitrarily prevent all but the wealthiest of immigrants from becoming lawful permanent residents.
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Cite as AILA Doc. No. 20071360.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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