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Public Charge Rule Vacated

On November 2, 2020, the district court in Cook County, Illinois, et al v. Wolf et. al., (19-cv-6334), granted summary judgment in favor of Plaintiffs on their claim that DHS’s Public Charge Rule, 84 Fed. Reg. 41,292 (Aug. 14, 2019) violates the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et. seq. The district court specifically ruled that (1) the public charge exceeds DHS’s authority under the public charge provision of the INA, 8 U.S.C. § 1182(a)(4)(A); (2) is not in accordance with law; and (3) is arbitrary and capricious. Therefore, the court immediately set aside the DHS Public Charge Rule nationwide without staying its decision pending appeal.

DHS may not apply the public charge rule as of today, which includes the submission of Form I-944 and the information contained therein.

The court also continued litigation as it relates to equal protection claim raised by Plaintiff Illinois Coalition for Immigrant and Refugee Rights, Inc. (ICIRR).

As of this time, USCIS has not posted any guidance on implementation of the order on its public charge website, but as noted above the vacatur of the rule is effective immediately.