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AILA Doc. No. 21031142 | Dated March 15, 2021 | File Size: 262 KDownload the Document
USCIS final rule removing from the Code of Federal Regulations the regulatory text that DHS promulgated in the August 2019 public charge rule and restoring the regulatory text to appear as it did prior to the issuance of the August 2019 rule. The rule is effective 3/9/21 as the result of the Northern District of Illinois’s vacatur of the August 2019 rule. (86 FR 14221, 3/15/21)
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103, 106, 212, 213, 214, 245, and 248
Inadmissibility on Public Charge Grounds; Implementation of Vacatur
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule.
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Cite as AILA Doc. No. 21031142.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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