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Original Date Announced
August 14, 2019On August 14, 2019, USCIS published several revised forms consistent with the final rule on the public charge ground of inadmissibility, several of which contain public charge-related language and/or questions requiring the petitioner or applicant/beneficiary to report whether the applicant/beneficiary has received public benefits. In particular, the following forms have been revised:
- Form I-129, Petition for a Nonimmigrant Worker
- Form I-129CW, Petition for a CNMI-Only Nonimmigrant Worker
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
- Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
- Form I-539, Application to Extend/Change Nonimmigrant Status
- Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status
- Form I-601, Application for Waiver of Grounds of Inadmissibility
- Form I-864, Affidavit of Support Under Section 213A of the INA
- Form I-864A, Contract Between Sponsor and Household Member
- Form I-864EZ, Affidavit of Support Under Section 213A of the INA
- Form I-912, Request for Fee Waiver
In addition, USCIS has created new forms, Form I-944, Declaration of Self-Sufficiency, Form I-945, Public Charge Bond, and Form I-356, Request for Cancellation of Public Charge Bond.
[ID #1086]
Form I-485 (10/15/19 edition) Form I-129CW (10/15/19 edition) Form I-485 Supp A (10/15/19 edition) Form I-601 (10/15/19 edition) Form I-912 (10/15/19 edition) Form I-539 (10/15/19 edition) Form I-864 (10/15/19 edition) Form I-129 (10/15/19 edition) Form I-539A (10/15/19 edition) Form I-864A (10/15/19 edition) Form I-864EZ (10/15/19 edition) Form I-485 Supp J (10/15/19 edition)Effective Date
October 15, 2019Subsequent Trump-Era and Court Action(s)
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January 30, 2020
USCIS announces public charge rule implementation
Following the Supreme Court stay, on January 30, 2020, USCIS announces it will implement the public charge rule beginning February 24, 2020. The rule and the new forms will be implemented everywhere except for in Illinois, where the rule remains enjoined.
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February 5, 2020
Public Charge Inadmissibility Final Rule: Revised Forms and Updated Policy Manual Guidance
USCIS announces that it has published revised forms consistent with the final rule on the public charge ground of inadmissibility, which USCIS will implement on Feb. 24, 2020. Beginning Feb. 24, 2020, applicants and petitioners must use the 10/15/19 edition of various USCIS forms (except in Illinois, where the rule remains enjoined by a federal court):
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February 24, 2020
DHS Implements Inadmissibility on Public Charge Grounds Final Rule
On February 24, 2020, DHS implements the Inadmissibility on Public Charge Grounds Final Rule nationwide including the revised forms, including in Illinois.
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November 3, 2020
Cook County v. Wolf - Memorandum and Opinion (N.D. Ill. Nov. 2, 2020)
Several U.S. District Courts initially enjoined the public charge rule. Subsequent decisions by two Circuit Courts upheld the initial injunctions (Second and Seventh), one vacated the initial injunction (Fourth) and once Circuit has yet to rule (Ninth). The injunctions have all now been stayed either by SCOTUS or by the Circuit where the appeal is pending. The cases are: Second Circuit: Injunction upheld 8/4/20 but scope limited to NY, CT. VT. Stayed by SCOTUS 1/27/20. COVID-related injunction stayed by 2nd Cir. 9/11/20. New York v. DHS (S.D.N.Y. 1:19-cv-0777; 2nd Cir. 19-3591). Fourth Circuit: Nationwide injunction vacated 8/5/20. CASA de Maryland v. Trump (D. Maryland 8:19-cv-02715; 4th Cir. 19-2222). Seventh Circuit: Illinois injunction upheld 6/10/20. Rehearing denied 8/12/20. Cook County & ICIRR v. Wolf (N.D. Ill. 1:19-cv-06334; 7th Cir. 19-3169). Stayed by SCOTUS 2/21/20. Ninth Circuit: Nationwide injunction stayed 12/5/20; decision on appeal pending. Washington v. DHS (E.D. Wash. 4:19-cv-05210; 9th Cir. 19-35914). Ninth Circuit: CA/OR/DC/ME/PA injunction stayed 12/5/19; decision on appeal pending. California v. DHS (N.D. Cal. 4:19-cv-04975; 9th Cir. 19-17214).
On November 2, 2020, the federal District Court of the Northern District of Illinois vacated the DHS public charge regulation on APA grounds and allowed continued litigation on the plaintiffs' equal protection claim. The court order prevented USCIS from enforcing the public charge rule nationwide. However, on November 3, 2020, the Seventh Circuit issued an administrative stay of the lower court order pending appeal. Cook County & ICIRR v. Wolf (N.D. Ill. 1:19-cv-06334).
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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June 27, 2022
2022.06.27 Cook County v. Texas (7th Cir. 2022)
DHS announced in March 2021 that it would no longer defend the 2019 public charge rule in the case Cook County v. Wolf (N.D. Ill. Nov. 2, 2020). The Plaintiff-Appellees who had initially brought the action also voluntarily dismissed their equal-protection claims with prejudice. On March 15, 2021, DHS promulgated a final rule that effectively removed the 2019 Rule from the Code of Federal Regulations.
On May 12, 2021, thirteen states moved to intervene in the existing action before the district court, hoping to defend the 2019 rule. The district court denied both the motions to intervene and the requested substantive relief, finding each motion untimely.
On June 27, 2022, the Seventh Circuit affirmed the district court's orders, stating that if the States wished to challenge the repeal of the 2019 Rule under the APA, they could do so in fresh legal proceedings.**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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Biden Administration Action: Under Study
August 23, 20212021.08.23 Public Charge Ground of Inadmissibility
This Biden administration policy considers questions related to the Trump-era policy identified in this entry.
On August 23, 2021, USCIS issued an advance notice of proposed rulemaking and notice of virtual public listening sessions to seek broad public feedback on the public charge ground of inadmissibility that will inform the development of a future regulatory proposal.
View DocumentBiden Administration Action: Proposed Revocation/Replacement
February 24, 20222022.02.24 NPRM DHS Public Charge Inadmissibility Ground
On February 24, 2022, the Biden administration issued a Notice of Proposed Rulemaking on the public charge ground of inadmissibility. The proposed rule would reinstate the agency interpretation (issued in guidance) that governed public charge analysis before the Trump-era rule identified in this entry. Under this proposed rule, a noncitizen would be considered likely to become a public charge if they are likely to become primarily dependent on the government for subsistence, as demonstrated by public cash assistance for income maintenance or long-term institutionalization at government expense. The rule was published in the Federal Register on February 24, 2022.
View DocumentBiden Administration Action: Revoked/Replaced
September 8, 20222022.09.08 Final Public Charge Rule
On September 8, 2022, the Biden administration issued a final rule on the public charge ground of inadmissibility, which formalizes guidance that governed the public charge analysis prior to the Trump-era rule identified in this entry. Under the Biden administration's rule, a noncitizen is considered likely to become a public charge if they receive public cash assistance for the maintenance of their income or experience long-term institutionalization at the government's expense. The final rule notes that DHS will not consider use of non-cash benefits such as Medicaid, SNAP, and COVID-19 stimulus payments when determining whether a noncitizen is likely to become a public charge.
The rule was published in the Federal Register on September 9, 2022, and will be effective on December 23, 2022.
View DocumentCurrent Status
Not in effectAugust 23, 2021Acted on by Biden Administration
February 24, 2022Acted on by Biden Administration
September 8, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Forms and Information CollectionSubject Matter: Immigrant Visas Non-Immigrant VisasAgencies Affected: USCISAssociated or Derivative Policies
- August 14, 2019 USCIS releases new forms, Form I-945 and I-356, to formalize the public charge bond process
- August 14, 2019 New Form I-944, Declaration of Self-Sufficiency, required for adjustment of status applications
- August 14, 2019 USCIS issues final rule on public charge inadmissibility grounds
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Subsequent Action
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Original Source:
AILA Featured Issue: Public Charge Changes at USCIS, DOJ, and DOS
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Subsequent Action
Original Source:
Cook County v. Texas (7th Cir. 2022)