Federal District Court Vacates Public Charge Regulation Nationwide
3 min read
Today a federal district court in Illinois cleared the Department of Homeland Security (DHS) public charge regulation on the premise that the rule violates the Administrative Procedures Act (APA). The court order takes effect nationwide quickly and prevents U.S. Citizenship and Immigration Services (USCIS) from authorizing the public charge rule beginning today. The case is Cook County et al. v Wolf et al. in the U.S. District Court for the Northern District of Illinois.
USCIS is required to acknowledge the decision and issue guidance on its effect on candidates for adjustment of status and nonimmigrant changes and extensions of status but has not yet done so. Until the organization issues guidance, applications submitted without public charge documentation could be wrongly rejected by the office.
In Cook County, Judge Gary Feinerman allowed a summary judgment order in favor of the Plaintiffs. Concurring with their APA claims that the public charge rule exceeded DHS authority and is arbitrary and capricious.
Immigration Rule
Today’s decision follows a line of legal decisions concerning preliminary injunctions of the public charge rule. Which concerned temporary bars to the enforcement of the immigration rule while a few claims proceed. The latest preliminary injunction ruling was the Second Circuit’s 11th September 2020 decision. Which permitted USCIS to resume applying the public charge rule across the country while Second Circuit lawful difficulties are forthcoming. The present Cook County decision is within the jurisdiction of the Seventh Circuit and is a final decision on the merits of the district court case. Hence, it overrides the September 11 decision and will stay in place unless and until it is overturned by the Seventh Circuit Court of Appeals or by the U.S. Supreme Court.
What this means for employers and foreign nationals
Beginning today, DHS isn’t allowed to execute the public charge rule unless and until a higher court overturns its decision. However, USCIS has not yet updated its site guidance to reflect this new development. Until the office acknowledges the Cook County court order and instructs its offices on the impact of the decision. Employers and foreign nationals should know that erroneous rejection of applications filed without public charge forms and information could happen.
What’s next for the DHS public charge regulation
The government is expected to claim the Cook Country district court decision to the Seventh Circuit Court of Appeals in a sped-up way. By the conditions of the court order. However, USCIS may not execute the public charge rule while the appeal is pending.
Further, the public charge rule is still being challenged in a few separate progressing claims. If the result of these claims brings about the difference among Circuit Courts of Appeal on the rule’s legality, the cases may reach the U.S. High Court for a final decision.
[Apple, Facebook, Twitter, Google join 46 US firms in challenging H-1B rule]
Separately, the State Department stays barred from enforcing its public charge guideline. Which applies to foreign nationals applying for visas from outside of the United States.
We are closely monitoring the status of the DHS public charge rule and will give further client alerts as developments happen.
