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Original Date Announced
August 14, 2019On August 14, 2019, as part of the USCIS Final Rule on Inadmissibility on Public Charge Grounds, USCIS published new forms, Form I-945, Public Charge Bond, and Form I-356, Request for Cancellation of Public Charge Bond, in order to "formalize" the public charge bond process set forth at INA section 213. Form I-945 may only be utilized by applicants if USCIS has notified the applicant that they may submit a public charge bond. Form I-365 is used to request cancellation of the public charge bond that was submitted on Form I-945 on behalf of an applicant. [ID #1085]
Form I-356 Form Instructions Form I-356 Form I-945 instructions Form I-945Effective Date
October 15, 2019Subsequent Trump-Era 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 Forms I-945 and I-356.
**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 Forms I-945 and I-356. The rule will be implemented everywhere except for in 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 Forms I-945 and I-356 may now be implemented.
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July 29, 2020
District Court preliminarily enjoins DHS public charge rule
In New York v. DHS, SDNY District Court enjoins implementation of the public charge rule nationwide, including Forms I-945 and I-356, 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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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 implement Forms I-945 and I-356 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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November 3, 2020
AILA Featured Issue: Public Charge Changes at USCIS, DOJ, and DOS
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 one Circuit partially enjoined the rule but has delayed the effective date of the order until the U.S. Supreme Court determines whether to grant certiorari in two separate cases (Ninth).
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). SCOTUS granted cert. on 2/22/21.
- On March 9, 2021, the parties submitted a joint-stipulation to dismiss the case to SCOTUS.
- 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.
- On March 9, 2021, the parties submitted a joint-stipulation to dismiss the case to SCOTUS.
- Texas and other states filed a motion to intervene, but on April 26, 2021, SCOTUS denied their application.
- Ninth Circuit: Nationwide injunction stayed 12/5/19; decision issued 12/2/20, partially reinstating two lower court injunctions, but vacating portion of the Eastern District of Washington's injunction that applied nationwide. The rule was enjoined in plaintiff jurisdictions - 18 states and the District of Columbia (though the mandate had not yet issued). State of California v. DHS (9th Cir. 19-17213). The appeal comes from district court orders in the consolidated cases City and County of San Francisco; County of Santa Clara v. USCIS (N.D. Cal. 19-cv-04717) and State of California v. DHS (N.D. Cal. 19-cv-04975), and the separate case State of Washington v. DHS (E.D. Wash. 19-cv-05210).
- In mid-March, 11 states sought to intervene in the Ninth Circuit litigation to defend the public charge rule after the Biden administration "effectively abandoned" it. On April 8, 2021, a split panel denied their motion to intervene, functionally ending the litigation.
- Separately, in La Clinica De La Raza et al. v. Trump et al. (N.D. Cal. 4:19-cv-04980), on 11/25/20, the district court granted the plaintiffs' motion to reconsider HSA/FVRA claims, after previously granting the government's motion to dismiss such claims on 8/7/20.
- On January 22, 2020, the Ninth Circuit granted DHS’s request to delay the effective date of the December decision until the U.S. Supreme Court determines whether it will grant writs of certiorari in Wolf v. Cook County, No. 20-450, and DHS v. New York, No. 20-449, two separate public charge cases. As a result, the public charge rules are in effect nationwide.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Go to article on aila.org - 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). SCOTUS granted cert. on 2/22/21.
Biden Administration Action: Revoked/Replaced
March 9, 2021Before the U.S. Supreme Court: Joint Stipulation to Dismiss
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On March 9, 2021, DOJ filed with plaintiffs a joint stipulation to dismiss the case before the U.S. Supreme Court, effectively ending the rule.
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 era public charge policy.
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 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 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, and will be effective on December 23, 2022.
View DocumentCurrent Status
Not in effectMarch 9, 2021Acted on by Biden Administration
March 10, 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
Original Trump Policy Status
Trump Administration Action: Forms and Information CollectionSubject Matter: Non-Immigrant Visas Immigrant VisasAgencies Affected: USCISAssociated or Derivative Policies