Original Date Announced

On 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]

Subsequent Trump and Court Action

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.**

Subsequent Trump and Court Action

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.

Subsequent Trump and Court Action

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.

Subsequent Trump and Court Action

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.**

Subsequent Trump and Court Action

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.**

Subsequent Trump and Court Action

2021.04.26 AILA - Public Charge Issue

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 the effective date of the order until the U.S. Supreme Court determined whether to grant certiorari in two separate cases (Ninth). The Supreme Court dismissed appeals from the Second, Seventh, and Ninth Circuits on March 9, 2021 based on the parties' joint stipulation to dismiss.

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. The U.S. Supreme Court dismissed the appeals in both these cases, as well as the above mentioned Ninth Circuit cases, on March 9, 2021 based on the parties' joint stipulation to dismiss.

**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**