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PostingsAILA and Partners File Complaint Challenging USCIS Implementation of New Public Charge Regulation
AILA Doc. No. 20071360 | Dated July 13, 2020 | File Size: 719 K
Download the DocumentA 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.
Read the press release about the lawsuit.
[[To print the PDF on this page please use the print function in the PDF reader.]]
Cite as AILA Doc. No. 20071360.
Open the DocumentPublic Charge Update
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 PageRelated Resources
- Press Release: LPR Applicants, their Sponsors, and Immigrant and Civil Rights Groups Sue Over Law Violations in Implementation of Trump Administration’s Public Charge “Wealth Test” - July 13, 2020
- USCIS Policy Guidance on Public Charge Ground of Inadmissibility - February 5, 2020
- USCIS Final Rule on Inadmissibility on Public Charge Grounds (84 FR 41292, 8/14/19)
- Featured Issue: Public Charge Changes at USCIS, DOJ, and DOS
Print BooksAlso on AILALinkReleased: 7/2/2020Public Charge and Affidavits of Support: A Practitioner's Guide 2d Ed. (Print)
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Audio RecordingsWeb SeminarsCLE EligibleReleased: 3/23/2020New Public Charge Rule: USCIS and DOS Guidance and Forms - Recording (.MP3)
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