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Original Date Announced
August 14, 2019On August 14, 2019, USCIS announced new Form I-944, Declaration of Self Sufficiency as part of the USCIS Final Rule on Inadmissibility on Public Charge Grounds. Under the USCIS Final Rule, applicants for adjustment of status who are subject to the public charge ground on inadmissibility must file Form I-944 with their Application to Register Permanent Residence or Adjust Status (Form I-485) to demonstrate that they are not likely to become a public charge under INA section 212(a)(4). [ID #965]
Form I-944: Declaration of Self-Sufficiency Form I-944: Declaration of Self-Sufficiency Form I-944 instructionsEffective Date
October 15, 2019Subsequent Trump and Court Action(s)
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October 11, 2019
Courts Block Public Charge Rule
Judges from the U.S. District Courts for the Southern District of New York, Northern District of California, Eastern District of Washington, Northern District of Illinois, and District of Maryland enjoin the final USCIS public charge rule from implementation, including Form I-944.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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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, including Form I-944. The rule will be implemented everywhere except Illinois, where the rule remains enjoined.
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February 24, 2020
DHS Implements Inadmissibility on Public Charge Grounds Final Rule
On February 24, 2020 USCIS implements the Inadmissibility on Public Charge Grounds Final Rule nationwide, including in Illinois, which means that applicants for adjustment of status who are subject to the public charge ground of inadmissibility must file Form I-944 with their Application to Register Permanent Residence or Adjust Status (Form I-485) to demonstrate that they are not likely to become a public charge under INA section 212(a)(4).
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July 29, 2020
District Court preliminarily enjoins DHS public charge rule
In New York v. DHS, a District Court (SDNY) enjoins implementation of the public charge rule nationwide, including Form I-944, during the COVID-19 pandemic.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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August 12, 2020
Second Circuit limits public charge injunction to CT, NY and VT
On August 12, 2020, the Second Circuit Court of Appeals limited the lower court's nationwide injunction against the DHS public charge rule to Vermont, Connecticut, and New York. While this limited injunction is in effect, DHS may implement its public charge rule in all other U.S. states and the District of Columbia.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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September 11, 2020
Stay of Injunction in State of New York v. DHS
On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit, in New York v. DHS and Make the Road NY v. Cuccinelli, granted a full stay of the July 29, 2020, injunction pending the government’s appeal. This full stay allows DHS to resume implementing the public charge final rule nationwide, including in New York, Connecticut and Vermont. This means that USCIS is now free to require the Form I-944 in all jurisdictions.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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September 22, 2020
09/22/20 guidance from USCIS
On September 22, 2020, USCIS issued guidance on how it will implement the DHS Public Charge Rule given the Second Circuit stay. Notably, USCIS will apply the public charge rule to all petitions and applications postmarked on or after February 24, 2020. USCIS will not re-adjudicate any applications and petitions that were approved following the issuance of the July 29, 2020, injunction continuing until the date of this notice (September 22, 2020). USCIS will once again require applicants for adjustment of status to submit Form I-944 (if applicable) but will permit a brief grace period. Specifically, if USCIS receives a Form I-485 on or before October 13, 2020, that does not have all required forms. including Form I-944 (if applicable) and supporting evidence, USCIS will request any missing forms and evidence. After October 13, 2020, USCIS will reject Form I-485 if the applicant does not include the required forms, including Form I-944, and evidence with Form I-485 at the time of filing.
View Document
Biden Administration Action: Revoked/Replaced
March 9, 2021Before the U.S. Supreme Court: Joint Stipulation to Dismiss
This Biden administration policy in effect revokes in its entirety the Trump-era policy identified in this entry.
On March 9, 2021, DOJ filed, along with plaintiffs, a joint stipulation to dismiss the case before the U.S. Supreme Court, effectively ending the public charge rule, and in turn, the use of Form I-944.
View DocumentBiden Administration Action: Revoked/Replaced
March 10, 2021Form I-944 discontinued
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On March 10, 2021, OMB approved discontinuing the use of Form I-944.
View DocumentBiden Administration Action: Revoked/Replaced
March 10, 2021USCIS Website: Public Charge
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On March 10, 2021, USCIS posted on its website a return to the pre-Trump-administration public charge policy and instructed applicants for adjustment of status that they should not submit Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required by Form I-944 when they file their Form I-485.
View DocumentBiden Administration Action: Revoked/Replaced
April 12, 2021USCIS letter to interagency partners
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On April 12, 2021, Tracy L. Renaud, Senior Official Performing the Duties of the Director of USCIS sent a letter to interagency partners stating that the 2019 public charge rule is no longer in effect and asking for support in communicating this change to the public.
View DocumentBiden 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 to inform a future regulatory proposal.
View DocumentBiden Administration Action: Proposed Revocation/Replacement/Modification
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 administration 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 public charge analysis prior to the Trump administration 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 explicitly 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 with an effective date of December 23, 2022.
View DocumentBiden Administration Action: Other
July 20, 2023USCIS - Incorporating Guidance on Applicability of the Public Charge Ground of Inadmissibility
On July 20, 2023, USCIS updated the USCIS Policy Manual to help applicants for adjustment of status more easily identify whether the public charge ground of inadmissibility applies to a specific adjustment of status category. This update does not change the Biden Administration's USCIS policy. Rather it simply incorporates information from the related appendices in the Policy Manual's Volume 8 Part G into the guidance under Chapter 3 (Applicability). Therefore, this manual change helps clarify implementation of the public charge ground of inadmissibility final rule, published in the Federal Register on September 9, 2022.
View DocumentCurrent Status
Not in effectMost Recent Action
July 20, 2023 Action: Other USCIS - Incorporating Guidance on Applicability of the Public Charge Ground of InadmissibilityMarch 9, 2021Acted on by Biden Administration
March 10, 2021Acted on by Biden Administration
March 10, 2021Acted on by Biden Administration
April 12, 2021Acted on by Biden Administration
August 23, 2021Acted on by Biden Administration
February 24, 2022Acted on by Biden Administration
September 8, 2022Acted on by Biden Administration
July 20, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Forms and Information CollectionSubject Matter: Immigrant VisasAgencies Affected: USCISAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Biden Administration Action
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Biden Administration Action
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Biden Administration Action
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Biden Administration Action
Original Source:
SOPDD Letter to USCIS Interagency Partners on Public Charge
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Biden Administration Action
Original Source:
Public Charge Ground of Inadmissibility
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Biden Administration Action
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Biden Administration Action
- Biden Administration Action
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