Original Date Announced

DOS issued a cable to consular officials providing guidance on the application of the public charge ineligibility ground under INA 212(a)(4). In making public charge ineligibility determinations, it instructs officials to consider, at minimum, the applicant's age; health; family status; assets, resources, and financial status; education and skills; and current or past receipt of public cash assistance or long-term institutionalization.

In terms of health, the cable expands the list of medical conditions that officials must consider, including cardiovascular diseases, respiratory diseases, cancers, diabetes, metabolic diseases, neurological diseases, mental health conditions, and obesity; it also directs officials to consider the health of family members, including children or older parents. It notes that many common medical conditions require expensive care and instructs officials to consider whether the applicant can cover such care in the U.S. "without seeking public cash assistance or long-term institutionalization at government expense."

An unofficial copy of the cable was first obtained by AILA and then made public in Catholic Legal Immigration Network, Inc. v. Rubio, No. 1:26-cv-00858 (S.D.N.Y.).

Trump 2.0 [ID #2062]

Subsequent Trump and Court Action

2026.02.02 Complaint - Catholic Legal Immigration Network, Inc. v. Rubio

The Catholic Legal Immigration Network (CLINIC) and individuals facing exclusion from the U.S. filed suit to challenge the DOS's November 6, 2025 cable and January 14, 2026 visa ban for nationals of 75 countries deemed "high-risk" of becoming a public charge. Plaintiffs allege that DOS's categorical nationality-based ban violates the case-by-case adjudication process mandated by the INA. Plaintiffs also allege that the DOS's November 2025 cable is discriminatory and unlawful. Plaintiffs claim that the visa ban and public charge rules violate the APA as well as the Fifth Amendment's due process and equal protection guarantees, and are ultra vires. Plaintiffs seek to have the agency actions enjoined and vacated. Catholic Legal Immigration Network, Inc. v. Rubio, No. 1:26-cv-00858 (S.D.N.Y.).

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