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AILA Doc. No. 21030932 | Dated March 9, 2021 | File Size: 588 KDownload the Document
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.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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