USCIS will restore text regarding the Public Charge Rule to the version issued before August 2019
What are the Changes?
U.S. Citizenship and Immigration Services (USCIS) has removed Public Charge regulations that were issued in August 2019 from the Code of Federal Regulations (CFR). The final rule has an effective date of March 9, 2021.
What Should Employers and Applicants Know?
With the regulatory text in the CFR now restored to the original version issued before August 2019, the 2019 Public Charge Rule no longer has a legal effect.
A public comment period will not accompany the publication of the agency's final rule.
Background
Envoy and Global Immigration Associates (GIA) have been closely following changes to the 2019 Public Charge Rule, which has been heavily litigated since its implementation. It was enjoined and vacated by lower courts, impacted residents of certain states differently, appealed to U.S. Courts of Appeals and eventually the U.S. Supreme Court, and finally not defended by the Biden administration. In the end, on account of the Department of Homeland Security refusing to defend appeals seeking to undo lower court injunctions of the rule, the U.S. District Court for the Northern District of Illinois's order vacating the 2019 Public Charge Rule nationwide went into effect. Envoy and GIA will continue to provide updates on the Public Charge Rule as needed.
Originally published 19 March 2021
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