DHS Announces DOJ Will No Longer Defend the 2019 Public Charge Final Rule

Noting that it is “neither in the public interest nor an efficient use of limited government resources” to continue to defend the final rule, Inadmissibility on Public Charge Grounds (84 FR 41292, 8/14/19), DHS announced that DOJ will no longer pursue appellate review of judicial decisions invalidating or enjoining its enforcement.

In a separate statement released on March 9, DHS announced: “Following the Seventh Circuit dismissal this afternoon, the final judgment from the Northern District of Illinois, which vacated the 2019 public charge rule, went into effect. As a result, the 1999 interim field guidance on the public charge inadmissibility provision (i.e., the policy that was in place before the 2019 public charge rule) is now in effect.”

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Cite as AILA Doc. No. 21030932.

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