Public Charge Rule in Effect Nationwide, Once Again

On September 11, 2020, a federal appeals court stayed an injunction that prevented the controversial “public charge” rule finalized on October 15,  2019 from being implemented in Connecticut, New York, or Vermont.

While litigation challenging the public charge rule continues, as a result of this most recent decision, the rule will be applied nationwide.   As discussed in prior posts, the 2019 public charge rule will result in steep declines in the number of immediate family members of U.S. citizens and permanent residents granted permanent residency.

The rule has also been shown to chill U.S. citizens and permanent residents from getting food, rental and medical supports they are eligible for due to worries that their receipt of public benefits might lead to their immigrant family member being denied residency.  This is particularly concerning as the nation is impacted by COVID-19, when no-barrier access to medical care is of utmost importance.