Federal Judge Blocks Public Charge Rule on Green Card Applicants

Some good news has been released recently, something that all family-based U.S. green card applicants should become aware of. The federal judge blocked the public charge rule on green card applicants, so the policy that was pushed by the Trump administration will not apply to anyone. What exactly is the public charge rule and why was it canceled? Keep reading and you’ll find out the answer.

What Is the Public Charge Rule?

The public charge rule has been a thing since the 1880s, so it’s not something that was just recently established. The public charge refers to the fact that people who plan on moving to America by getting a green card or becoming permanent residents shouldn’t be dependent on government benefits in order to live in the U.S. So, ever since it was created, the public charge rule wanted people to be able to live by themselves and not come to the U.S. and become public charges, or burdens for the Government.

Then came August 2019, when the Trump Administration had to make some changes to the public charge rule and make sure some additional requirements will apply. Under the administration, the DHS published a new version of the public charge rule.

This new public charge rule had some new things included. For instance, some of the assessment factors were displayed as positive and others as negative. Not to mention that they added a new scope for public benefits, and apparently, people who have used it for over 12 months in the last 3 years would be considered a public charge.

In order to assess public charge applications, they are taking a look at several factors such as education, age, health, income, health insurance, English language speaking levels, and so on.

The public charge rule has an impact on the green card application. Basically, if you want to apply for a green card, you’ll have to submit Form I-944 with USCIS as part of this rule. The form will help you discover if you would be considered Public Charge – that’s why it’s important to submit it. In case the form brings to the surface the fact that you would be a public charge, then you will not be able to obtain a green card or become a permanent resident of the U.S.

What Is Happening with the Public Charge Rule?

Although the administration tried to push the public charge rule, something happened recently. A U.S. District judge in Illinois blocked the public charge rule that doesn’t allow those who have a public charge to obtain permanent residency. The individuals that will be exempt from the public charge rule are people who might need housing benefits, food stamps, or any public assistance in the future. As such, the federal judge ordered the Trump Administration to completely vacate this policy and said that the Public Charge rule is not going to apply to anyone in the States.

So, USCIS officers are not going to determine U.S. green cards based on the wealth test, and will not use the public charge standard when proceeding with green card applications for family-based petitioners.

That means that since the public charge rule is not going to apply to anyone, you will not have to file Form I-944 with your green card application anymore if you’re filing for Adjustment of Status Application for Green Card. This is great for many applicants and saves some burden when applying. In case you are on H4, H1B, or any other visa with current priority dates, or if you can file for Adjustment of Status due to dates of filing chart, then it’s not necessary to file I-944 anymore.

Also, not long after the final judgment on the Public Charge rule was given, an appeal was filed on the same in the U.S. Court of Appeals, 7^th Circuit in Chicago. So, the court gave an administrative stay on the federal judge’s judgment. This means that the judgment of the federal judge was put on hold. As a result, people will have to wait longer for the cancellation of the Public Charge Rule, which means that until the Administrative Stay is lifted, you’ll have to still submit the Form I-944. However, now that Joe Biden won the presidential elections, this may not matter anymore.

So far, there isn’t any official notice on the USCIS website, but there should be one appearing within a few days.

Reason for Cancelation of the Public Charge Rule

You may be wondering what prompted the federal judge to block the public charge rule in the first place. Well, according to the U.S. judge in Illinois, these are the reasons why the Public Charge rule had to be abolished:

• The wealth test that was given to applicants was capricious and arbitrary and had no basis
• The rule was basically discriminating against non-white immigrants who were under the equal protection clause
• This rule is not even taking the “predictable collateral consequences” into consideration and how they would affect everything if it was even implemented. This was also in line with the current COVID-19 pandemic, the point at which the courts agreed on getting rid of this rule.
• The public charge rule is surpassing the executive branch authority
• The rule is violating the Administrative Procedure Act, which includes a whole process of developing and authorizing new regulations.

What Happens Next?

So, what’s next regarding the Public Charge rule? Well, it all depends on the election results. People expected President Donald Trump and the Republicans to win the elections, in which case the rule would have been most likely appealed again, and would have ended up in the Supreme Court. However, the Democrats were victorious in these elections, and it’s hard to say what president-elect Joe Biden is planning with the regulation. Since it’s the Democrats and not the Republicans who won the elections, we can expect the next steps for the regulation to be different than what we thought.

If the Public Charge rule was to go to the Supreme court, then the results would’ve been tricky, because according to new Justice Amy Coney Barrett, thought courts should stay out of policy disagreements. You can find copies of this court judgment online.

Public Charge Rule Timeline

Here is how the public charge rule was updated as time went by:

• September 2019 – An announcement about the new policy was made.
• February 2020 – The Public Charge rule went live.
• April 2020 – The rule is upheld by the U.S. Supreme Court even though the coronavirus pandemic became a problem.
• August 2020 – The Public Charge rule is rescinded by a federal judge.
• September 2020 – DHS resumed implementing wealth tests on immigrants who were submitting applications.
• November 2020 – The rule has been completely vacated by the U.S. federal judge.

Conclusion

The Public Charge Rule would have affected a large number of immigrants, and luckily a federal judge blocked it. The outcome of the presidential elections may ensure things unfold differently with the public charge than they did while the Republicans were leading, so now we have to wait and see if president-elect Biden is going to do anything regarding the rule.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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