NewsFlash! Judge Issues Nationwide Injunction Against Enforcement of Public Charge Rule

This afternoon, a federal district court judge issued a nationwide injunction against the U.S. Citizenship and Immigration Services (USCIS) from enforcing the new public charge rule. The public charge rule had been scheduled to go into effect on October 15, 2019.

The injunction specifically prohibits the USCIS from “… requiring the use of any new or updated forms whose submission would be required under the [new public charge] rule.” Accordingly, it appears that petitioners and applicants will not be required to use the updated forms I-129, I-539, I-864, or I-485 that were released earlier this week. Similarly, as long as the injunction remains in place, stakeholders will not be required to include the new I-944 (declaration of self-sufficiency) form with I-485 applications. Presumably, the USCIS will provide notice in the near future to this regard.

Note that the injunction applies only to the USCIS rule, and has no direct impact on the corresponding rule recently issued by the U.S. Department of State (DOS).

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