Supreme Court allows changes on Public Charge rule

Supreme Court allows changes on Public Charge rule

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Last year on October 11, three federal courts blocked changes to the Public Charge rule promoted by the US Government. However, on January 27, 2020, the Supreme Court allowed the Trump administration to enforce it.

This approval gives US officials the green light to impede low-income immigrants to obtain a Green Card in the United States. Public Charge, according to the US Citizen and Immigration Services (USCIS), means that an individual is likely to become primarily dependent on the government for subsistence.

“In a 5-4 ruling, the conservative-leaning high court approved the Trump administration’s request to set aside a ruling by a federal judge blocking the so-called ‘public charge’ regulation while the merits of the case continue to be argued in lower courts. The court’s conservatives, including President Trump’s appointees, Brett Kavanaugh and Neil Gorsuch, agreed to allow officials to enforce the policy, while the liberal justices would’ve denied the administration’s request”, CBS News reported on Monday.

At the present time, as we have explained before, the immigration officers made their decision on whether a person could become a Public Charge or not by relying on several factors specified by the INA (Immigration and Nationality Act) and also the affidavit of support signed by the immigrant’s sponsor. 

What these changes on the Public Charge rule are seeking to do is expanding the definition of what Public Charge means to give officials more power to deny visas and Green Card applications from immigrants and prospective immigrants whom the Government believes could rely on certain public benefits.

Some of the aspects that immigration officials will now consider to determine if someone is or could become a Public Charge are wealth; English proficiency; education skills; and health. This “revives”, as reporters from the aforementioned media said, an immigration system based on a wealth test.

“Self-sufficiency is a core American value and has been part of immigration law for centuries. President Trump has called for long-standing immigration law to be enforced, and US Citizenship and Immigration Services is delivering on this promise to the American people,” said Ken Cuccinelli, the Senior Official Performing the Duties of the Deputy Secretary for DHS. “By requiring those seeking to come or stay in the United States to rely on their own resources, families and communities, we will encourage self-sufficiency, promote immigrant success and protect American taxpayers.” You can read the entire information published by USCIS on their website on January 30, 2020.

Current State of Play

The American Immigration Lawyers Association, AILA, published on their website important information about the changes to the Public Charge rule highlighting the DHS Final Rule that the USCIS published on January 30, 2020.

• The Inadmissibility on Public Charge Grounds final rule (“Final Rule”) will begin to be implemented on February 24, 2020.
• The Final Rule will apply to applications and petitions postmarked (or submitted electronically) on or after February 24, 2020. For applications and petitions that are sent by commercial courier (e.g., UPS/FedEx/DHL), the postmark date is the date reflected on the courier receipt.
• USCIS has clarified that it will not consider an individual’s application for, certification or approval to receive, or receipt of certain non-cash public benefits before February 24, 2020 (instead of October 15, 2019), when deciding whether the alien is likely at any time to become a Public Charge under the Final Rule.
• USCIS will post updated versions of Forms I-129, I-485 I-539, I-864, and I-864EZ and corresponding instructions, as well as Policy Manual guidance on www.uscis.gov during the week of February 3.
• These updated forms must be used beginning February 24, 2020, otherwise, applications and petitions using incorrect editions of the forms will be rejected.
• USCIS plans to hold public engagement for immigration attorneys, industry representatives, and other relevant groups to discuss the final rule.
• All of the above does not apply to applications or petitions filed in the State of Illinois, where the Final Rule remains enjoined as of January 30, 2020.

If you are thinking about immigrating to the United States or have already begun your process and believe the changes in the Public Charge rule could affect you, it is important for you to contact an immigration lawyer in California immediately. Don’t hesitate, at Kannan Law, we are ready to help! Contact us today.