On November 2, 2020, the U.S. District Court in the Northern District of Illinois ruled that DHS’s Public Charge Rule, 84 Fed. Reg. 41,292 (Aug. 14, 2019) violates the Administrative Procedure Act (“APA”). The district court specifically ruled that (1) the public charge exceeds DHS’s authority under the public charge provision of the INA, (2) is not in accordance with law; and (3) is arbitrary and capricious.
The court immediately set aside the DHS Public Charge Rule nationwide without staying its decision pending appeal.
DHS may not apply the public charge rule as of today, which includes the submission of Form I-944 and the information contained therein.
As of this time, USCIS has not posted any guidance on implementation of the order on its public charge website, but as noted above the vacatur of the rule is effective immediately.
