DISTRICT COURT INJUNCTION ON PUBLIC CHARGE RULE LIMITED IN SCOPE—ONLY APPLIES TO NEW YORK, CONNECTICUT, AND VERMONT

By Roujin Mozaffarimehr

On Wednesday August 12^th, The United State Court of Appeals for the Second Circuit issued an order limiting the scope of the nationwide injunction on the Public Charge rule that took effect earlier this year. Last month, we reported that the United States District Court, Southern District of New York issued two decisions to enjoin the Department of Homeland Security and the Department of State from implementing the recent Public Charge rule that took effect on February 24, 2020.

As of this writing, the USCIS and the Department of State have yet to provide an update guidance on how to file cases in light of Wednesday’s limiting order. We note that the USCIS website removed form I-944 from its website (required as part of the Public Charge rule) and has yet to make it available again.